ARCHULETA COUNTY
ARCHULETA COUNTY AIRPORT
INVITATION TO BID
PROJECT NAME: AIP Project No. 3-08-0066-19/20, Rehabilitate Runway 1/19 (Maintenance-Fog Seal)
BID DATE: Friday, May 15, 2009
BID TIME: 2:00 PM
Sealed bids will be received by the Archuleta County Airport, Airport Managers Office, 777 County Rd. 600, Pagosa Springs, Colorado 81147, before 2:00 PM (local time), on the bid date, at which time all bids will be publicly opened and read aloud. Project work includes: Crack Sealing, Asphalt Pavement Seal Coating & Pavement Markings.
PLANS AVAILABILITY: Plans and Specifications will be available for review beginning on April 20, 2009 at the following locations: RS&H Office, 5600 South Quebec Street, Suite 340-C, Greenwood Village, Colorado 80111. A complete set of plans and specifications may be obtained at the RS&H office stated above for a $75.00 non-refundable fee for each set, made payable to Reynolds, Smith and Hills, Inc. To order plans, contact Ms. Mary Jo Weber at (303) 409-9700.
The Bidder must supply all information required by the proposal forms and specifications, and must bid on all items and schedules presented. Bids must be completed and signed in ink in space(s) provided on the enclosed blank bid forms or the bid will be subject to rejection. The Owner reserves the right to reject proposals and to waive technicalities as provided in Section 20-08 of the General Provisions. No Bidder may withdraw his bid within ninety (90) calendar days after the actual date of the bid opening. It is intended that the work associated with Phase 1 be completed during the week of June 15th thru 19th and the work associated with Phase 2 will be completed during the week of July 20th.
A cashier’s check, a certified check or a surety bond in the amount of five percent (5%) of the bid shall accompany the proposal of each bidder. The said check or bond shall be submitted as security that should the bidder be awarded the work, he will enter into a contract and furnish the necessary bonds and insurance certificates within twenty (20) days from the date of notice of award and failing to do so, said bid security shall be forfeited to the Owner (Archuleta County, Colorado) as liquidated damages. The check or bond shall be made payable to the Owner. The Owner reserves the right to hold the check or bond of the two lowest bidders until the successful bidder has entered into a contract and furnished the necessary bonds. All other checks or bonds will be returned as soon as the award has been made to the successful bidder.
Each Bidder is individually responsible for the careful examination of the site of the proposed Work, the Proposal, Plans, General Provisions, Special Conditions, Technical and Supplemental Specifications, Contract Forms and all requirements of the project. The failure or omission by any Bidder to do so shall in no way relieve any Bidder from any obligation with respect to its bid.
PRE-BID CONFERENCE: No Pre-Bid Conference will be held for this project. All prospective bidders are invited to visit the site for examination of the proposed work. Contact Mr. Bill McKown, Airport Manager at 970-731-3060 to schedule an appointment.
AFFIRMATIVE ACTION: The proposed Contract is under and subject to Executive Order 11246 of September 24, 1965, and the Equal Opportunity Clause. The bidder’s (proposer’s) attention is called to the “Equal Opportunity Clause” and the “Standard Federal Equal Employment Opportunity Construction Contract Specifications” set forth in the specifications, including the goals and timetables for minority and female participation.
CERTIFICATION OF NONSEGREGATED FACILITIES:
Notice to Prospective Federally Assisted Construction Contractors and Subcontractors:
1. A Certification of Non-segregated Facilities shall be submitted prior to the award of a federally-assisted construction contract or subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause.
2. Contractors or subcontractors receiving federally-assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
The successful Bidder will be required to submit a Certification of Nonsegregated Facilities prior to award of the Contract, and to notify prospective Subcontractors of the requirement for such Certification where the Subcontract exceeds $10,000. Samples of the Certification and Notice to Subcontractors appear in the Specifications.
BUY AMERICAN PREFERENCES. (a) The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured products produced in the United States when funds are expended pursuant to a grant issued under the Airport Improvement Program. The following terms apply:
1. Steel and manufactured products. As used in this clause, steel and manufactured products include (1) steel produced in the United States or (2) a manufactured product produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. Components of foreign origin of the same class or kind as the products referred to in subparagraphs b. (1) or (2) shall be treated as domestic.
2. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products.
3. Cost of Components. This means the costs for production of the components, exclusive of final assembly labor costs.
(b) The successful bidder will be required to assure that only domestic steel and manufactured products will be used by the Contractor, subcontractors, materialmen and suppliers in the performance of this contract, except those:
1. that the US Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality;
2. that the US Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the public interest; or
3. that inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent.
WAGE RATES: Minimum Davis-Bacon wage rates as established by the Secretary of Labor are applicable to this project.
The proposed contract is contingent upon actual receipt by Archuleta County, Colorado, of adequate funds from the Federal Aviation Administration for the performance of the construction and installation of the airport improvements contemplated by the proposed contract. Any questions regarding bids are to be directed to Mr. Alex McKean, at the RS&H Office stated above, (303) 409-9700 or via email at alex.mckean@rsandh.com for interpretation.
Published April 16 and 30, 2009 in The Pagosa Springs SUN.
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PUBLIC HEARING
The Pagosa Springs Town Council will be having a public hearing on Ordinance No. 740. ORDINANCE NO. 740, AN ORDINANCE OF THE TOWN OF PAGOSA SPRINGS RENEWING THE CABLE TELEVISION FRANCHISE GRANTED TO ICE CABLE HOLDINGS, LLC. The public hearing will be held at the regularly scheduled meeting on Thursday May 21, 2009 at 12:00 p.m. in the Town Hall Council Chambers. All people wishing to comment should be present at that meeting or have written comments in the office of the Town Clerk no later than 12:00 p.m. on May 18th, 2009.
Published April 30, 2009 in The Pagosa Springs SUN.
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FIRST READING
The first reading of Ordinance No. 740 was completed at the Regular Pagosa Springs Town Council Meeting held on April 23, 2009 at 12:00pm in the Council Chambers at the Town Hall. ORDINANCE NO. 740, AN ORDINANCE OF THE TOWN OF PAGOSA SPRINGS RENEWING THE CABLE TELEVISION FRANCHISE GRANTED TO ICE CABLE HOLDINGS, LLC. The Ordinance can be read in its entirety in the office of the Town Clerk at Town Hall.
Published April 30, 2009 in The Pagosa Springs SUN.
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OPPORTUNITY TO COMMENT
San Juan National Forest
Pagosa Ranger District
Mineral County, Colorado
The Pagosa District is seeking public comment on a proposal to close and decommission the Wolf Creek Campground. This closure is being proposed to address public safety concerns caused by extensive hazardous tree conditions that exist within the campground. The Wolf Creek Campground is located in a portion of section 16, Township 37 North, Range 1 East; N.M.P.M..
The pre-decisional Environmental Assessment (EA) is now available for public review upon request by calling Rick Jewell at the Pagosa Ranger District (970-264-1509).
To be eligible to appeal the subsequent decision on this project, an individual or group must provide comment or otherwise express interest (36 CFR 215.11 (pre-2003 regulations)) in the proposed action during the comment period. The comment period ends thirty (30) days after publication of this notice in the Pagosa Sun and cannot be extended.
Written, facsimile, hand-delivered, oral, and electronic comments concerning this action will be accepted for 30 calendar days following the publication of this notice in this newspaper. The publication date in this newspaper is the exclusive means for calculating the comment period for this analysis. Those wishing to comment should not rely upon dates or timeframe information provided by any other source. The regulations prohibit extending the length of the comment period.
Written comments must be submitted to: District Ranger, PO Box 310, Pagosa Springs, CO 81147. The office business hours for those submitting hand-delivered comments are 8 am – 5 pm, Monday through Friday, excluding holidays. The Pagosa District Office is located at 180 Pagosa Street in Pagosa Springs, Colorado. Comments may also be faxed to Attn: Rick Jewell, fax number 264-1538
Oral comments must be provided at the Pagosa District office during normal business hours via telephone [970-264-1509] or in person.
Electronic comments must be submitted in a format such as an email message, plain text (.txt), rich text format (.rtf), and Word (.doc) to comments-rocky-mountain-san-juan-pagosa@fs.fed.us. In cases where no identifiable name is attached to an electronic message, a verification of identity will be required for appeal eligibility. A scanned signature is one way to provide verification. For electronically mailed comments the sender should normally receive an automated acknowledgement from the agency as a confirmation of receipt. If the sender does not receive an automated acknowledgement receipt of comments, it is the senders responbility to insure timely receipt by other means (36 C.F.R. 215.6 (4) (iii)).
Comments received in response to this solicitation, including names and addresses of those who comment will be considered part of the public record on this proposed action and will be available for public inspection. Comments submitted anonymously will be accepted and considered; however, those who only submit anonymous comments will not have standing to appeal the subsequent decision under 36 C.F.R. Part 215.
The USDA Forest Service is an Equal Opportunity Service Provider.
For further information contact Paul Blackman, Pagosa Ranger District, at 970-264-1505.
Published April 30, 2009 in The Pagosa Springs SUN.
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An Oil and Gas Conditional Use Permit on a portion of 465 acres is proposed in the NW/4 of Section 15 and the NE/4 Section 16, Township 33N, Range 5W, N.M.P.M. The proposal is for a major oil and gas compressor station on the property. The property is located at 11501 A-5, Highway 151, approximately 6 miles north of Arboles or 11.5 miles south of Highways 151 and 160.
Comments regarding this proposal may be submitted to the Archuleta County Planning Department, P.O. Box 1507, Pagosa Springs, CO 81147-1507, telephone: (970) 731-3877 prior to the public hearing by the Planning Commission on May 14, 2009 at 6:00 p.m. in the County Courthouse. If you prefer, you may attend the public hearing and be heard.
Published April 30 and May 7, 2009 in The Pagosa Springs SUN.
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COMBINED NOTICE OF SALE AND RIGHT TO CURE AND REDEEM
FORECLOSURE NUMBER 020-2009
To whom it may concern: This Notice is given with regard to the following described Deed of Trust:
Public Trustee’s Foreclosure Sale No. 020-2009 was commenced on 02/24/2009 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
Original Grantor(s): Judith A Wagner and Milton E Wagner
Original Beneficiary: Bank One, N.A.
Current Holder of Evidence of Debt: JPMorgan Chase Bank, N.A., successor by merger to Bank One N.A
Date of Deed of Trust: 11/02/2004
County of Recording: Archuleta
Recording Date of Deed of Trust: 11/22/2004
Reception No.: 20410900
Original Principal Balance: $216,000.00
Outstanding Principal Balance: $208,004.13
Pursuant to C.R.S. §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
A PARCEL OF LAND LOCATED IN THE SW1/4NW1/4 OF SECTION 28 AND THE SE1/4NE1/4 OF SECTION 29, TOWNSHIP 33 NORTH, RANGE 5 WEST, N.M.P.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT THE SOUTHEAST CORNER OF SAID SE1/4NE1/4 OF SECTION 29; THENCE NORTH 89 DEG 59 MIN 41 SEC WEST, 1090.01 FEET ALONG THE SOUTH LINE OF SAID SE1/4NE1/4 OF SECTION 29 TO THE CENTER OF AN EXISTING DIRT ROAD; NORTH 28 DEG 22 MIN 36 SEC EAST, 272.19 FEET ALONG THE CENTER OF SAID EXISTING DIRT ROAD; 215.44 FEET ALONG THE CENTER OF SAID EXISTING DIRT ROAD ON THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 302.95 FEET, THE LONG CHORD OF WHICH CURVE BEARS NORTH 46 DEG 44 MIN 63 SEC EAST, 210.93 FEET TO THE CENTER OF THAT 60 FOOT WIDE ACCESS EASEMENT DESCRIBED UNDER RECEPTION NO. 149234, ARCHULETA COUNTY RECORDS; NORTH 67 DEG 07 MIN 11 SEC EAST, 143.94 FEET ALONG THE CENTER OF SAID ACCESS EASEMENT; NORTH 87 DEG 11 MIN 28 SEC EAST, 291.57 FEET ALONG THE CENTER OF SAID ACCESS EASEMENT; SOUTH 60 DEG 26 MIN 32 SEC EAST, 210.13 FEET ALONG THE CENTER OF SAID ACCESS EASEMENT; NORTH 11 DEG 49 MIN 30 SEC EAST, 242.13 FEET; SOUTH 89 DEG 24 MIN 57 SEC EAST, 734.71 FEET TO THE CENTER OF THE PIEDRA RIVER (RIO PIEDRA); SOUTH 17 DEG 267 MIN 15 SEC WEST, 350.89 FEET ALONG THE CENTER OF SAID PIEDRA RIVER TO THE SOUTH LINE OF THE SAID SW1/4NW1/4 OF SECTION 28; NORTH 89 DEG 52 MIN 02 SEC WEST; 423.33 FEET ALONG THE SAID SOUTH LINE OF SW1/4NW/14 OF SECTION 28 TO THE POINT OF BEGINNING, COUNTY OF ARCHULETA, STATE OF COLORADO.
WHICH HAS THE ADDRESS OF: 179 Navajo Rd, Arboles, CO 81121
NOTICE OF SALE
The current holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Hereby Given that I will at public auction at 10:00 A.M. on Thursday, 06/18/2009, at 449 San Juan St., Pagosa Springs, CO 81147 sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale, and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
First Publication: 04/23/2009
Last Publication: 05/21/2009
Name of Publication: Pagosa Springs Sun
NOTICE OF RIGHTS
YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. §38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. §38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
DATE: 2/24/2009
Betty A. Diller
Public Trustee of Archuleta County, State of Colorado
By: /s/ Debora A. Switala, Deputy Public Trustee
The name, address and telephone number of the attorney(s) representing the legal holder of the indebtedness is:
William L. Foster #38341
Caren Jacobs Castle #11790
Barbara Bader #10394
P.C. Wolf #34797
Jeremy D. Peck #36588
Cristel D. Shepherd #39351
Deanne R. Stodden #33214
Jennifer C. Rogers #34682
Katharine E. Fisher #39230
Jeffrey C. Gaston #40389
Elizabeth S. Marcus #16092
Britney Beall-Eder #64935
Lauren R. Smith #39316
Castle, Meinhold & Stawiarski LLC 999 18TH ST., #2201, Denver, CO 80202 303-865-1400
The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.
Attorney file number: 08-21647
Published April 23, 30, May 7, 14 and 21, 2009 in The Pagosa Springs SUN.
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COMBINED NOTICE OF SALE AND RIGHT TO CURE AND REDEEM
FORECLOSURE NUMBER 021-2009
To whom it may concern: This Notice is given with regard to the following described Deed of Trust:
Public Trustee’s Foreclosure Sale No. 021-2009 was commenced on 02/25/2009 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
Original Grantor(s): Theodore F. Vander Wiede and Sonia C. Vander Wiede
Original Beneficiary: Mortgage Electronic Registration Systems, Inc., as nominee for Homecomings Financial, LLC (f/k/a Homecomings Financial Network, Inc.)
Current Holder of Evidence of Debt: GMAC Mortgage, LLC
Date of Deed of Trust: 08/27/2007
County of Recording: Archuleta
Recording Date of Deed of Trust: 08/27/2007
Reception No.: 20707524
Original Principal Balance: $230,000.00
Outstanding Principal Balance: $227,581.00
Pursuant to C.R.S. §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
LOTS 7 AND 8, LAKEVIEW ESTATES, ACCORDING TO THE PLAT THEREOF FILED APRIL 30, 1979, AS RECEPTION NO. 94868, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.
WHICH HAS THE ADDRESS OF: 90 Lighthouse Drive, Pagosa Springs, CO 81147
NOTICE OF SALE
The current holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Hereby Given that I will at public auction at 10:00 A.M. on Thursday, 06/18/2009, at 449 San Juan St., Pagosa Springs, CO 81147 sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale, and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
First Publication: 04/23/2009
Last Publication: 05/21/2009
Name of Publication: Pagosa Springs Sun
NOTICE OF RIGHTS
YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. §38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. §38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
DATE: 2/25/2009
Betty A. Diller
Public Trustee of Archuleta County, State of Colorado
By: /s/ Debora A. Switala, Deputy Public Trustee
The name, address and telephone number of the attorney(s) representing the legal holder of the indebtedness is:
Deanne R. Stodden #33214
Castle, Meinhold & Stawiarski LLC 999 18TH ST., #2201, Denver, CO 80202 303-865-1400
The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.
Attorney file number: 09-00615
Published April 23, 30, May 7, 14 and 21, 2009 in The Pagosa Springs SUN.
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COMBINED NOTICE OF SALE AND RIGHT TO CURE AND REDEEM
FORECLOSURE NUMBER 022-2009
To whom it may concern: This Notice is given with regard to the following described Deed of Trust:
Public Trustee’s Foreclosure Sale No. 022-2009 was commenced on 02/25/2009 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
Original Grantor(s): James A Hansen and Dorothy L Hansen
Original Beneficiary: Washington Mutual Bank, FA
Current Holder of Evidence of Debt: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION
Date of Deed of Trust: 03/07/2006
County of Recording: Archuleta
Recording Date of Deed of Trust: 03/13/2006
Reception No.: 20602384
Original Principal Balance: $749,250.00
Outstanding Principal Balance: $806,777.60
Pursuant to C.R.S. §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
TRACT 50, A REPLAT OF LOTS 49 AND 50 NAVAJO RIVER RANCH UNIT #3, ACCORDING TO THE MAP THEREOF RECORDED JUNE 22, 2000 AS RECEPTION NO. 20005564 AND RECORDED JANUARY 16, 2004 AS RECEPTION NO. 20400312.
WHICH HAS THE ADDRESS OF: 38 Painted Elk Drive, Pagosa Springs, CO 81147
NOTICE OF SALE
The current holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Hereby Given that I will at public auction at 10:00 A.M. on Thursday, 06/18/2009, at 449 San Juan St., Pagosa Springs, CO 81147 sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale, and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
First Publication: 04/23/2009
Last Publication: 05/21/2009
Name of Publication: Pagosa Springs Sun
NOTICE OF RIGHTS
YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. §38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. §38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
DATE: 2/25/2009
Betty A. Diller
Public Trustee of Archuleta County, State of Colorado
By: /s/ Debora A. Switala, Deputy Public Trustee
The name, address and telephone number of the attorney(s) representing the legal holder of the indebtedness is:
Robert J. Hopp & Associates, LLC PO Box 8689, , Denver, CO 80201 303-225-0836
The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.
Attorney file number: 09-00575RH
Published April 23, 30, May 7, 14 and 21, 2009 in The Pagosa Springs SUN.
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COMBINED NOTICE OF SALE AND RIGHT TO CURE AND REDEEM
Amended
FORECLOSURE NUMBER 023-2009
To whom it may concern: This Notice is given with regard to the following described Deed of Trust:
Public Trustee’s Foreclosure Sale No. 023-2009 was commenced on 02/25/2009 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
Original Grantor(s): Robert A. Ochoa and Angela M. Ochoa
Original Beneficiary: Mortgage Electronic Registration Systems, Inc., as nominee for New Line Mortgage, Div. of Republic Mortgage Home Loans, LLC
Current Holder of Evidence of Debt: Wells Fargo Bank, N.A.
Date of Deed of Trust: 08/26/2004
County of Recording: Archuleta
Recording Date of Deed of Trust: 08/27/2004
Reception No.: 20407700
Original Principal Balance: $95,501.00
Outstanding Principal Balance: $90,658.75
Pursuant to C.R.S. §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
LOT 101 IN ASPEN SPRINGS SUBDIVISION NO. 5, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD AUGUST 3, 1971 AS RECEPTION NO. 74690
WHICH HAS THE ADDRESS OF: 1147 Ute Drive, Pagosa Springs, CO 81147
NOTICE OF SALE
The current holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Hereby Given that I will at public auction at 10:00 A.M. on Thursday, 06/18/2009, at 449 San Juan St., Pagosa Springs, CO 81147 sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale, and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
First Publication: 04/23/2009
Last Publication: 05/11/2009
Name of Publication: Pagosa Springs Sun
NOTICE OF RIGHTS
YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. §38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. §38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
DATE: 2/25/2009
Betty A. Diller
Public Trustee of Archuleta County, State of Colorado
By: /s/ Debora A. Switala, Deputy Public Trustee
The name, address and telephone number of the attorney(s) representing the legal holder of the indebtedness is:
William L. Foster #38341
Caren Jacobs Castle #11790
Barbara Bader #10394
P.C. Wolf #34797
Jeremy D. Peck #36588
Cristel D. Shepherd #39351
Deanne R. Stodden #33214
Jennifer C. Rogers #34682
Katharine E. Fisher #39230
Jeffrey C. Gaston #40389
Elizabeth S. Marcus #16092
Britney Beall-Eder #64935
Lauren R. Smith #39316
Castle, Meinhold & Stawiarski LLC 999 18TH ST., #2201, Denver, CO 80202 303-865-1400
The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.
Attorney file number: 09-01349
Published April 23, 30, May 7, 14 and 21, 2009 in The Pagosa Springs SUN.
_________________________________________
COMBINED NOTICE OF SALE AND RIGHT TO CURE AND REDEEM
FORECLOSURE NUMBER 024-2009
To whom it may concern: This Notice is given with regard to the following described Deed of Trust:
Public Trustee’s Foreclosure Sale No. 024-2009 was commenced on 02/25/2009 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
Original Grantor(s): Lou Poma and Mary Jo Schilling
Original Beneficiary: Wells Fargo Bank, N.A.
Current Holder of Evidence of Debt: US Bank National Association, as Trustee for SASCO 2007-WF1
Date of Deed of Trust: 11/20/2006
County of Recording: Archuleta
Recording Date of Deed of Trust: 11/27/2006
Reception No.: 20611438
Original Principal Balance: $467,000.00
Outstanding Principal Balance: $459,234.83
Pursuant to C.R.S. §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
LOT 14, PARADISE MESA, ACCORDING TO THE PLAT THERE OF FILED SEPTEMBER 10, 1996, AS RECEPTION NO. 1996006775, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.
WHICH HAS THE ADDRESS OF: 326 Lannie Court, Pagosa Springs, CO 81147
NOTICE OF SALE
The current holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Hereby Given that I will at public auction at 10:00 A.M. on Thursday, 06/18/2009, at 449 San Juan St., Pagosa Springs, CO 81147 sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale, and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
First Publication: 04/23/2009
Last Publication: 05/21/2009
Name of Publication: Pagosa Springs Sun
NOTICE OF RIGHTS
YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. §38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. §38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
DATE: 2/25/2009
Betty A. Diller
Public Trustee of Archuleta County, State of Colorado
By: /s/ Debora A. Switala, Deputy Public Trustee
The name, address and telephone number of the attorney(s) representing the legal holder of the indebtedness is:
William L. Foster #38341
Caren Jacobs Castle #11790
Barbara Bader #10394
P.C. Wolf #34797
Jeremy D. Peck #36588
Cristel D. Shepherd #39351
Deanne R. Stodden #33214
Jennifer C. Rogers #34682
Katharine E. Fisher #39230
Jeffrey C. Gaston #40389
Elizabeth S. Marcus #16092
Britney Beall-Eder #64935
Lauren R. Smith #39316
Castle, Meinhold & Stawiarski LLC 999 18TH ST., #2201, Denver, CO 80202 303-865-1400
The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.
Attorney file number: 09-02976
Published April 23, 30, May 7, 14 and 21, 2009 in The Pagosa Springs SUN.
_________________________________________
NOTICE OF PURCHASE OF REAL ESTATE AT TAX LIEN SALE AND OF APPLICATION
FOR ISSUANCE OF TREASURER’S DEED
To Every Person in Actual Possession or Occupancy of the hereinafter Described Land, Lot or Premises, and to the Person in Whose Name the same was Taxed or Specially Assessed, and to all Persons having Interest of Title of Record in or to the said Premises and To Whom It May Concern, and more especially to
Larkin W. & Dawn M Deyapp
P O Box 2503
Pagosa Springs CO 81147
You and each of you are hereby notified that on the 18th day of November, AD, 2005 the then County Treasurer of Archuleta County, in the State of Colorado, sold at public tax lien sale to
Mark Gorman
the following described real estate situate in the County of Archuleta, State of Colorado, to-wit:
Legal Description: Lot 227 Pagosa Vista
Schedule # 5699 193 15 023
TSC # 2005-16
and said County Treasurer issued a certificate of purchase therefore to Mark Gorman.
That said tax lien sale was made to satisfy the delinquent property (and special assessment) taxes assessed against said real estate for the year 2004, 2005, and 2006.
That said real estate was taxed or specially assessed in the name(s) of Larkin W. & Dawn M Deyapp for said year 2004, 2005, and 2006.
That said Mark Gorman on the 9th day of February , 2009, the present holder of said certificate (who) has made request upon the Treasurer of said County for a deed to said real estate;
That a Treasurer’s Deed will be issued for said real estate to Mark Gorman
at 4:00 o’clock PM, on the 25th day of May, A.D. 2009, unless the same has been redeemed.
Said property may be redeemed from said sale at any time prior to the actual execution of said Treasurer’s Deed.
Witness my hand this 15th day of April, A.D. 2009.
Betty A. Diller, Archuleta County Treasurer
by Elsa Lucero, Deputy
Published April 23, 30 and May 7, 2009 in The Pagosa Springs SUN.
_________________________________________
Invitation For Bids: Roll Off Truck; The Archuleta County Board of County Commissioners invites qualified firms to submit bids for the lease or purchase of a roll off truck per the Invitation For Bids. Sealed Proposals (marked “ROLL OFF TRUCK BID”) will be accepted by the Solid Waste Department/Finance Office, 449 San Juan Street, Pagosa Springs, CO 81147 until May 1, 2009, by 3:00 pm local time. For full bid announcement, please contact Ron Nieweg, Contracts and Procurement Officer at (970) 264-8555, rnieweg@archuletacounty.org or view on-line at www.archuletacounty.org under RFP and Bids link.
Published April 23 and 30, 2009 in The Pagosa Springs SUN.
_________________________________________
PUBLIC NOTICE
District Court, County of ARCHULETA
State of Colorado
Court Address: P.O. Box 148
449 San Juan Street
Pagosa Springs, CO 81147
Plaintiff(s):
Elk Run Property Owners Association, Inc.
v.
Defendant(s):
(1) Gary J. Hyatt
(2) Kathleen Hyatt
(3) Unknowns: All Unknown Spouses Of Any Party
Hereto, And All Other Persons Living Or Dead
Whose Names Are Unknown, Who Claim Any
Interest in The Subject Real Estate
Philip M. Kleinsmith
Kleinsmith & Associates, P.C.
6035 Erin Park Drive, Suite 203
Colorado Springs, CO 80918
Phone: (719) 593-1970
Fax: (719) 593-2193
Email: klein@kleinsmithlaw.com
Bar #: 1063
Case Number 2008CV97
NOTICES OF:(1) LEVY AND RECORDING;
(2) RIGHT TO CLAIM EXEMPTION;
(3) RIGHT TO CURE AND/OR REDEEM;
(4) ELECTION OF SALE;
(5) SALE; AND
(6) GOVERNMENTAL CLAIMS
YOU ARE NOTIFIED THAT:
All words and phrases which have the first letters thereof capitalized are defined on the attached Identifying Data of Legal Documents Upon Which foreclosure Is Based. The undersigned attorney certifies that to the best of his knowledge, the Judgment Debtor(s) and Current Owner(s) names and addresses are correct.
This proceeding for a Sheriff’s Sale (See Sheriff’s Identifying No. on attached Identifying Data, etc.) has been commenced in the office of the Sheriff of this County to foreclose the lien of the Mortgage, Deed of Trust and/or Judgment.
1. LEVY AND RECORDING: Judgment has been entered and a Writ of Execution has been issued by the above Court to the undersigned Sheriff to levy upon the Real Estate to be Sold, which is owed or was formerly owned by the Judgment Debtor(s), and to which the lien of the Lien Documents attached. Pursuant thereto, the undersigned Sheriff has levied upon or will levy upon the Real Estate to be Sold by recording these Notices in the appropriate real estate records.
2. RIGHT TO CLAIM EXEMPTION AND/OR ENJOIN: Within ten (10) days of the date of service hereof of the Judgment Debtor(s) and Current Owner(s), any one or more of them has a right to file with the Clerk of the above Court a written claim of exemption in the above case, which he, she or it may have by the laws of this State. At any time before this sale, Judgment Debtor(s), Current Owner(s), and other Interested Parties may have a right to enjoin this sale, if permitted by law. Failure to pursue these rights may be deemed a waiver thereof. The filing of a frivolous, groundless or vexatious lawsuit may result in attorney’s fees being assessed against you.
3. CURE AND/OR REDEMPTION RIGHTS: Pursuant to the laws of this State, you may have an interest in the Real Estate to be sold or have certain rights or suffer certain liabilities as a result of this Sheriff’s sale. You may have the right to cure a default under the judgment, or you may have a right to redeem the Real Estate to be Sold. A copy of said statutes, as such statutes are presently constituted, is attached to the copies hereof which are recorded, mailed and served.
The lien of the Lien Documents may not be a first lien.
A Notice of Intent to Cure filed pursuant to CRS 38-38-104 shall be filed with the Sheriff at least 15 calendar days prior to the first scheduled sale date or any date to which the sale is continued.
A Notice of Intent to Redeem filed pursuant to Section 38-38-302 shall be filed with the Sheriff no later than 8 business days after the sale.
4. ELECTION TO SELL: The Holder of the Judgment intends to have the Real Estate to be Sold by the undersigned Sheriff to partially or fully pay the lien of the Lien Documents. The effect of said sale will be to deprive all persons who claim an interest in the Real Estate of any right thereto, except as provided by law.
5. SALE: The Real Estate to be Sold, will be sold at public auction without warranties or guarantees at the following date, time and place:
Date of Sale: June 17, 2009
Place of Sale: Archuleta County Sheriff’s Office, 449 San Juan Street, Pagosa Springs, CO
Time of Sale: 10:00 a.m.
6. GOVERNMENTAL CLAIMS: To the copies of these Notices which are recorded, mailed, and served, there are attached copies of the written recorded claim of any governmental agency against the Real Estate and the independent notices which the law requires to be mailed to any such governmental agency to terminate their rights to the Real Estate.
Dated: March 26, 2009
Kleinsmith & Associates, P.C.
Attorney for Holder of Judgment
Colorado Attorney Registration
No. 1063
6035 Erin Park Dr., Ste. 203
Colorado Springs, CO 80918
1-800-842-8417 or (719) 593-1970
Sheriff of the Above County
/s/ Peter L. Gonzalez
Address: 449 San Juan Street
Pagosa Springs, CO 81147
Identifying Data of Legal Documents1
Upon Which Foreclosure is Based
Type of Sale (Trustee, Sheriff, Special Master) Sheriff’s Sale 2009-34
and That Person’s Identifying No., (if applicable: Type of Documents Being Foreclosed (Mortgage, Deed of Trust2, Judgment or Other Lien Instrument):Judgment
Default(s) Causing Foreclosure: Failure to Pay Judgment Projected Amounts Owed As of Foreclosure Sale Date: Principal: $2,810.02 Foreclosure Sale Date: Interest $1,309.49 Costs (estimated): $2,500.00 Attorneys Fees (estimated): $ 875.00 Total (estimated)$7,494.51
Real Estate3 to be Sold: Common Description: Unit Week Number 38, Unit Number 7114, Building Number 04, Elk Run Townhouses, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
Legal Description: Unit Week Number 38, Unit Number 7114, Building Number 04 in “ELK RUN TOWNHOUSES”, according to and as located on the recorded Map recorded thereof filed for record June 26, 1986 as Reception No. 140480, and in accordance with and as limited and defined by the Declaration of Protective Covenants and Interval Ownership recorded June 26, 1986 as Reception No. 140481, First Amendment thereto recorded August 13, 1986 under Reception No. 141512 and Second Amendment recorded December 1, 1987 as Reception No. 151976, Archuleta County, Colorado.
Lien Documents: That is the Identifying Data of Legal Documents1 Being Foreclosed Per Real Estate Records of County Stated in Legal Description:
Mortgage or Deed of Trust: Dated: N/A Judgment: Dated: 1/26/2009 Case No.: 2008CV97
Court:Archuleta County District Court
Transcript of Judgment: Dated: N/A
Writ of Execution: Dated: 2/19/2009
Other Lien Instrument: Dated: N/A Recording Date: N/A Recording Data: N/A
Original Principal Amount: $2,810.02
Original Trustee: N/A
Original Holder4 of Lien Documents: Name: Elk Run Property Owners Assoc., Inc.
Address: c/o Foreclosure Management Company, 10975 El Monte Suite 220, Overland Park, KS 66211 Present Holder of Lien Documents: Name: Elk Run Property Owners Assoc.,Inc. Address:c/o Foreclosure Management Company 10975 El Monte, Suite 220,Overland Park, KS 66211
Original Liable Parties5 on Lien Documents: Name(s): Gary J. Hyatt and Kathleen Hyatt
Address: 4401 Estates Dr., Amarillo, TX 79124
Judgment Debtor(s): Name(s): N/A - In Rem Only Address: N/A
Current Owner(s) of Real Estate: Name(s): Gary J. Hyatt and Kathleen Hyatt Address: 4401 Estates Dr., Amarillo, TX 79124
1Mortgage, Deed of Trust, Judgment, or other Lien Instrument.
2Sometimes called “Trust Indenture”.
3Sometimes called “Mortgaged Property”, “Trust Property”, or “Property”.
4Sometimes called “Mortgagee”, “Beneficiary”, “Judgment Creditor”, or “Creditor”.
5Sometimes called “Mortgagors”, “Grantors”, “Judgment Debtors”, or “Debtors”.
Published April 23, 30, May 7, 14 and 21, 2009 in The Pagosa Springs SUN.
_________________________________________
District Court, County of ARCHULETA
State of Colorado
Court Address: P.O. Box 148
449 San Juan Street
Pagosa Springs, CO 81147
Plaintiff(s):
Village Pointe Property Owners Association, Inc.
v.
Defendant(s):
(1) Fred A. Bland
(2) Unknowns: All Unknown Spouses Of Any Party
Hereto, And All Other Persons Living Or Dead
Whose Names Are Unknown, Who Claim Any
Interest in The Subject Real Estate
Philip M. Kleinsmith
Kleinsmith & Associates, P.C.
6035 Erin Park Drive, Suite 203
Colorado Springs, CO 80918
Phone: (719) 593-1970
Fax: (719) 593-2193
Email: klein@frii.com
Bar #: 1063
Case Number 2008CV284
NOTICES OF:
(1) LEVY AND RECORDING;
(2) RIGHT TO CLAIM EXEMPTION;
(3) RIGHT TO CURE AND/OR REDEEM;
(4) ELECTION OF SALE;
(5) SALE; AND
(6) GOVERNMENTAL CLAIMS
YOU ARE NOTIFIED THAT:
All words and phrases which have the first letters thereof capitalized are defined on the attached Identifying Data of Legal Documents Upon Which foreclosure Is Based. The undersigned attorney certifies that to the best of his knowledge, the Judgment Debtor(s) and Current Owner(s) names and addresses are correct.
This proceeding for a Sheriff’s Sale (See Sheriff’s Identifying No. on attached Identifying Data, etc.) has been commenced in the office of the Sheriff of this County to foreclose the lien of the Mortgage, Deed of Trust and/or Judgment.
1. LEVY AND RECORDING: Judgment has been entered and a Writ of Execution has been issued by the above Court to the undersigned Sheriff to levy upon the Real Estate to be Sold, which is owed or was formerly owned by the Judgment Debtor(s), and to which the lien of the Lien Documents attached. Pursuant thereto, the undersigned Sheriff has levied upon or will levy upon the Real Estate to be Sold by recording these Notices in the appropriate real estate records.
2. RIGHT TO CLAIM EXEMPTION AND/OR ENJOIN: Within ten (10) days of the date of service hereof of the Judgment Debtor(s) and Current Owner(s), any one or more of them has a right to file with the Clerk of the above Court a written claim of exemption in the above case, which he, she or it may have by the laws of this State. At any time before this sale, Judgment Debtor(s), Current Owner(s), and other Interested Parties may have a right to enjoin this sale, if permitted by law. Failure to pursue these rights may be deemed a waiver thereof. The filing of a frivolous, groundless or vexatious lawsuit may result in attorney’s fees being assessed against you.
3. CURE AND/OR REDEMPTION RIGHTS: Pursuant to the laws of this State, you may have an interest in the Real Estate to be sold or have certain rights or suffer certain liabilities as a result of this Sheriff’s sale. You may have the right to cure a default under the judgment, or you may have a right to redeem the Real Estate to be Sold. A copy of said statutes, as such statutes are presently constituted, is attached to the copies hereof which are recorded, mailed and served.
The lien of the Lien Documents may not be a first lien.
A Notice of Intent to Cure filed pursuant to CRS 38-38-104 shall be filed with the Sheriff at least 15 calendar days prior to the first scheduled sale date or any date to which the sale is continued.
A Notice of Intent to Redeem filed pursuant to Section 38-38-302 shall be filed with the Sheriff no later than 8 business days after the sale.
4. ELECTION TO SELL: The Holder of the Judgment intends to have the Real Estate to be Sold by the undersigned Sheriff to partially or fully pay the lien of the Lien Documents. The effect of said sale will be to deprive all persons who claim an interest in the Real Estate of any right thereto, except as provided by law.
5. SALE: The Real Estate to be Sold, will be sold at public auction without warranties or guarantees at the following date, time and place:
Date of Sale: June 17, 2009
Place of Sale: Archuleta County Sheriff’s Office, 499 San Juan Street, Pagosa Springs, CO 81147
Time of Sale: 10:00 a.m.
6. GOVERNMENTAL CLAIMS: To the copies of these Notices which are recorded, mailed, and served, there are attached copies of the written recorded claim of any governmental agency against the Real Estate and the independent notices which the law requires to be mailed to any such governmental agency to terminate their rights to the Real Estate.
Dated: March 26, 2009
Kleinsmith & Associates, P.C.
Attorney for Holder of Judgment
Colorado Attorney Registration
No. 1063
6035 Erin Park Dr., Ste. 203
Colorado Springs, CO 80918
1-800-842-8417 or (719) 593-1970
by /s/ Philip M. Kleinsmith
Sheriff of the Above County
/s/ Peter L. Gonzalez
Address: 499 San Juan Street
Pagosa Springs, CO 81147
Identifying Data of Legal Documents1
Upon Which Foreclosure is based
Type of Sale (Trustee, Sheriff, Special Master) Sheriff’s Sale 2009-33
and That Person’s Identifying No., (if applicable: Type of Documents Being Foreclosed (Mortgage, Deed of Trust2, Judgment or Other Lien Instrument):Judgment Default(s) Causing Foreclosure: Failure to Pay Judgment Projected Amounts Owed As of Foreclosure Sale Date: Principal:$5,819.86 Interest $790.06 Costs (estimated): $ 2,500.00 Attorneys Fees (estimated):$875.00 Total (estimated)$9,984.92
Real Estate3 to be Sold:
Common Description: Unit Week Number 12, Condominium Unit Number 7528, Building Number 6D, in Phase III of Village Pointe Condominiums, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
Legal Description: Unit Week Number 12, Condominium Unit Number 7528, Building Number 6D, in Phase III of Village Pointe Condominiums, according to and as located on the recorded Map recorded under Reception No. 176324 and the Declaration of Condominium and Interval Ownership of Village Pointe Condominiums recorded under Reception No. 160495, and amendments and supplements thereto, in the Office of the County Clerk, Archuleta County, Colorado.
Lien Documents: That is the Identifying Data of Legal Documents1
Being Foreclosed Per Real Estate Records of County Stated in Legal Description:
Mortgage or Deed of Trust: Dated: N/A Judgment: Dated: 02/13/2009
Case No.: 2008CV284 Court: Archuleta County District Court
Transcript of Judgment: Dated: N/A
Writ of Execution: Dated: 02/25/2009
Other Lien Instrument: Dated: N/A Recording Date: N/A Recording Data: N/A
Original Principal Amount: $5,819.86
Original Trustee: N/A
Original Holder4 of Lien Documents: Name: Village Pointe Property Owners Assoc., Inc. Address: c/o Foreclosure Management Company, 10975 El Monte, Suite 220, Overland Park, KS 66211
Present Holder of Lien Documents: Name: Village Pointe Property Owners Assoc., Inc. Address: c/o Foreclosure Management Company, 10975 El Monte, Suite 220, Overland Park, KS 66211
Original Liable Parties5 on Lien Documents: Name(s): Fred A. Bland Address: 7833 SE US Highway 40, Tecumseh, KS 66542
Judgment Debtor(s): Name(s): N/A - In Rem Only Address: N/A Current Owner(s) Of Real Estate: Name(s): Fred A. Bland Address: 7833 SE US Highway 40 Tecumseh, KS 66542
1Mortgage, Deed of Trust, Judgment, or other Lien Instrument.
2Sometimes called “Trust Indenture”.
3Sometimes called “Mortgaged Property”, “Trust Property”, or “Property”.
4Sometimes called “Mortgagee”, “Beneficiary”, “Judgment Creditor”, or “Creditor”.
5Sometimes called “Mortgagors”, “Grantors”, “Judgment Debtors”, or “Debtors”.
Published April 23, 30, May 7, 14 and 21, 2009 in The Pagosa Springs SUN.
_________________________________________
District Court, County of ARCHULETA
State of Colorado
Court Address: P.O. Box 148
449 San Juan Street
Pagosa Springs, CO 81147
Plaintiff(s):
Village Pointe Property Owners Association, Inc.
v.
Defendant(s):
(1) Dennis P. Griffin, Jr.
(2) Unknowns: All Unknown Spouses Of Any Party
Hereto, And All Other Persons Living Or Dead
Whose Names Are Unknown, Who Claim Any
Interest in The Subject Real Estate
Philip M. Kleinsmith
Kleinsmith & Associates, P.C.
6035 Erin Park Drive, Suite 203
Colorado Springs, CO 80918
Phone: (719) 593-1970
Fax: (719) 593-2193
Email: klein@frii.com
Bar #: 1063
Case Number 2008CV210
Div.
NOTICES OF:
(1) LEVY AND RECORDING;
(2) RIGHT TO CLAIM EXEMPTION;
(3) RIGHT TO CURE AND/OR REDEEM;
(4) ELECTION OF SALE;
(5) SALE; AND
(6) GOVERNMENTAL CLAIMS
YOU ARE NOTIFIED THAT:
All words and phrases which have the first letters thereof capitalized are defined on the attached Identifying Data of Legal Documents Upon Which foreclosure Is Based. The undersigned attorney certifies that to the best of his knowledge, the Judgment Debtor(s) and Current Owner(s) names and addresses are correct.
This proceeding for a Sheriff’s Sale (See Sheriff’s Identifying No. on attached Identifying Data, etc.) has been commenced in the office of the Sheriff of this County to foreclose the lien of the Mortgage, Deed of Trust and/or Judgment.
1. LEVY AND RECORDING: Judgment has been entered and a Writ of Execution has been issued by the above Court to the undersigned Sheriff to levy upon the Real Estate to be Sold, which is owed or was formerly owned by the Judgment Debtor(s), and to which the lien of the Lien Documents attached. Pursuant thereto, the undersigned Sheriff has levied upon or will levy upon the Real Estate to be Sold by recording these Notices in the appropriate real estate records.
2. RIGHT TO CLAIM EXEMPTION AND/OR ENJOIN: Within ten (10) days of the date of service hereof of the Judgment Debtor(s) and Current Owner(s), any one or more of them has a right to file with the Clerk of the above Court a written claim of exemption in the above case, which he, she or it may have by the laws of this State. At any time before this sale, Judgment Debtor(s), Current Owner(s), and other Interested Parties may have a right to enjoin this sale, if permitted by law. Failure to pursue these rights may be deemed a waiver thereof. The filing of a frivolous, groundless or vexatious lawsuit may result in attorney’s fees being assessed against you.
3. CURE AND/OR REDEMPTION RIGHTS: Pursuant to the laws of this State, you may have an interest in the Real Estate to be sold or have certain rights or suffer certain liabilities as a result of this Sheriff’s sale. You may have the right to cure a default under the judgment, or you may have a right to redeem the Real Estate to be Sold. A copy of said statutes, as such statutes are presently constituted, is attached to the copies hereof which are recorded, mailed and served.
The lien of the Lien Documents may not be a first lien.
A Notice of Intent to Cure filed pursuant to CRS 38-38-104 shall be filed with the Sheriff at least 15 calendar days prior to the first scheduled sale date or any date to which the sale is continued.
A Notice of Intent to Redeem filed pursuant to Section 38-38-302 shall be filed with the Sheriff no later than 8 business days after the sale.
4. ELECTION TO SELL: The Holder of the Judgment intends to have the Real Estate to be Sold by the undersigned Sheriff to partially or fully pay the lien of the Lien Documents. The effect of said sale will be to deprive all persons who claim an interest in the Real Estate of any right thereto, except as provided by law.
5. SALE: The Real Estate to be Sold, will be sold at public auction without warranties or guarantees at the following date, time and place:
Date of Sale: June 17, 2009
Place of Sale: Archuleta County Sheriff’s Office, 499 San Juan Street, Pagosa Springs, CO 81147 Time of Sale: 10:00 a.m.
6. GOVERNMENTAL CLAIMS: To the copies of these Notices which are recorded, mailed, and served, there are attached copies of the written recorded claim of any governmental agency against the Real Estate and the independent notices which the law requires to be mailed to any such governmental agency to terminate their rights to the Real Estate.
Dated: March 26, 2009
Kleinsmith & Associates, P.C.
Attorney for Holder of Judgment
Colorado Attorney Registration
No. 1063
6035 Erin Park Dr., Ste. 203
Colorado Springs, CO 80918
1-800-842-8417 or (719) 593-1970
by /s/ Philip M. Kleinsmith
Sheriff of the Above County
/s/ Peter L. Gonzalez
Address: 499 San Juan Street
Pagosa Springs, CO 81147
Identifying Data of Legal Documents1
Upon Which Foreclosure is Based
Type of Sale (Trustee, Sheriff, Special Master) Sheriff’s Sale 2009-32 and That Person’s Identifying No., (if applicable): Type of Documents Being Foreclosed (Mortgage, Deed of Trust2, Judgment or Other Lien Instrument): Judgment Default(s) Causing Foreclosure: Failure to Pay Judgment Projected Amounts Owed As of Foreclosure Sale Date: Principal: $1,039.00 Interest $136.24 Costs (estimated): $ 2,500.00
Attorneys Fees (estimated): $875.00 Total (estimated) $4,430.24
Real Estate3 to be Sold:
Common Description: Unit Week Number 47, Condominium Unit Number 7507, Building Number 2, in Phase I of Village Pointe Condominiums, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
Legal Description: Unit Week Number 47, Condominium Unit Number 7507, Building Number 2, in Phase I of Village Pointe Condominiums, according to and as located on the recorded Map recorded under Reception No. 168713 and the Declaration of Condominium and Interval Ownership of Village Pointe Condominiums recorded under Reception No. 160495, and amendments and supplements thereto, in the Office of the County Clerk, Archuleta County, Colorado.
Lien Documents: That is the Identifying Data of Legal Documents1 Being Foreclosed Per Real Estate Records of County Stated in Legal Description:
Mortgage or Deed of Trust: Dated: N/A
Judgment: Dated: 02/09/2009
Case No.: CV2008210 Court: Archuleta County District Court
Transcript of Judgment: Dated: N/A
Writ of Execution: Dated: 02/20/2009
Other Lien Instrument: Dated: N/A Recording Date: N/A Recording Data: N/A
Original Principal Amount: $1,039.00
Original Trustee: N/A
Original Holder4 of Lien Documents: Name: Village Pointe Property Owners Assoc., Inc. Address: c/o Foreclosure Management Company 10975 El Monte, Suite 220 Overland Park, KS 66211
Present Holder of Lien Documents: Name: Village Point Property Owners Assoc., Inc. Address: c/o Foreclosure Management Company 10975 El Monte, Suite 220 Overland Park, KS 66211
Original Liable Parties5 on Lien Documents: Name(s): Dennis P. Griffin, Jr
Address: 94 Colonial Rd., Marshfield, MA 02050
Judgment Debtor(s): Name(s): N/A - In Rem Only Address: N/A
Current Owner(s) of Real Estate: Name(s): Dennis P. Griffin, Jr., address: 94 Colonial Rd. Marshfield, MA 02050
1Mortgage, Deed of Trust, Judgment, or other Lien Instrument.
2Sometimes called “Trust Indenture”.
3Sometimes called “Mortgaged Property”, “Trust Property”, or “Property”.
4Sometimes called “Mortgagee”, “Beneficiary”, “Judgment Creditor”, or “Creditor”.
5Sometimes called “Mortgagors”, “Grantors”, “Judgment Debtors”, or “Debtors”.
Published April 23, 30, May 7, 14 and 21, 2009 in The Pagosa Springs SUN.
_________________________________________
District Court, County of ARCHULETA
State of Colorado
Court Address: P.O. Box 148
449 San Juan Street
Pagosa Springs, CO 81147
Plaintiff(s):
Village Pointe Property Owners Association, Inc.
v.
Defendant(s):
(1) Maria T. Irizarry
(2) Unknowns: All Unknown Spouses Of Any Party
Hereto, And All Other Persons Living Or Dead
Whose Names Are Unknown, Who Claim Any
Interest in The Subject Real Estate
Philip M. Kleinsmith
Kleinsmith & Associates, P.C.
6035 Erin Park Drive, Suite 203
Colorado Springs, CO 80918
Phone: (719) 593-1970
Fax: (719) 593-2193
Email: klein@frii.com
Bar #: 1063
Case Number 2008CV213
NOTICES OF:
(1) LEVY AND RECORDING;
(2) RIGHT TO CLAIM EXEMPTION;
(3) RIGHT TO CURE AND/OR REDEEM;
(4) ELECTION OF SALE;
(5) SALE; AND
(6) GOVERNMENTAL CLAIMS
YOU ARE NOTIFIED THAT:
All words and phrases which have the first letters thereof capitalized are defined on the attached Identifying Data of Legal Documents Upon Which foreclosure Is Based. The undersigned attorney certifies that to the best of his knowledge, the Judgment Debtor(s) and Current Owner(s) names and addresses are correct.
This proceeding for a Sheriff’s Sale (See Sheriff’s Identifying No. on attached Identifying Data, etc.) has been commenced in the office of the Sheriff of this County to foreclose the lien of the Mortgage, Deed of Trust and/or Judgment.
1. LEVY AND RECORDING: Judgment has been entered and a Writ of Execution has been issued by the above Court to the undersigned Sheriff to levy upon the Real Estate to be Sold, which is owed or was formerly owned by the Judgment Debtor(s), and to which the lien of the Lien Documents attached. Pursuant thereto, the undersigned Sheriff has levied upon or will levy upon the Real Estate to be Sold by recording these Notices in the appropriate real estate records.
2. RIGHT TO CLAIM EXEMPTION AND/OR ENJOIN: Within ten (10) days of the date of service hereof of the Judgment Debtor(s) and Current Owner(s), any one or more of them has a right to file with the Clerk of the above Court a written claim of exemption in the above case, which he, she or it may have by the laws of this State. At any time before this sale, Judgment Debtor(s), Current Owner(s), and other Interested Parties may have a right to enjoin this sale, if permitted by law. Failure to pursue these rights may be deemed a waiver thereof. The filing of a frivolous, groundless or vexatious lawsuit may result in attorney’s fees being assessed against you.
3. CURE AND/OR REDEMPTION RIGHTS: Pursuant to the laws of this State, you may have an interest in the Real Estate to be sold or have certain rights or suffer certain liabilities as a result of this Sheriff’s sale. You may have the right to cure a default under the judgment, or you may have a right to redeem the Real Estate to be Sold. A copy of said statutes, as such statutes are presently constituted, is attached to the copies hereof which are recorded, mailed and served.
The lien of the Lien Documents may not be a first lien.
A Notice of Intent to Cure filed pursuant to CRS 38-38-104 shall be filed with the Sheriff at least 15 calendar days prior to the first scheduled sale date or any date to which the sale is continued.
A Notice of Intent to Redeem filed pursuant to Section 38-38-302 shall be filed with the Sheriff no later than 8 business days after the sale.
4. ELECTION TO SELL: The Holder of the Judgment intends to have the Real Estate to be Sold by the undersigned Sheriff to partially or fully pay the lien of the Lien Documents. The effect of said sale will be to deprive all persons who claim an interest in the Real Estate of any right thereto, except as provided by law.
5. SALE: The Real Estate to be Sold, will be sold at public auction without warranties or guarantees at the following date, time and place:
Date of Sale: June 17, 2009
Place of Sale: Archuleta County Sheriff’s Office, 449 San Juan Street, Pagosa Springs, CO 8114
Time of Sale: 10:00 a.m.
6. GOVERNMENTAL CLAIMS: To the copies of these Notices which are recorded, mailed, and served, there are attached copies of the written recorded claim of any governmental agency against the Real Estate and the independent notices which the law requires to be mailed to any such governmental agency to terminate their rights to the Real Estate.
Dated: March 26, 2009
Kleinsmith & Associates, P.C.
Attorney for Holder of Judgment
Colorado Attorney Registration
No. 1063
6035 Erin Park Dr., Ste. 203
Colorado Springs, CO 80918
1-800-842-8417 or (719) 593-1970
by /s/ Philip M. Kleinsmith
Sheriff of the Above County
/s/ Peter L. Gonzalez
Address: 449 San Juan Street
Pagosa, Springs, CO 81147
Identifying Data of Legal Documents1
Upon Which Foreclosure is Based
Type of Sale (Trustee, Sheriff, Special Master) Sheriff’s Sale 2009-30 and That Person’s Identifying No., (if applicable: Type of Documents Being Foreclosed (Mortgage,
Deed of Trust2, Judgment or Other Lien Instrument): Judgment Default(s) Causing Foreclosure: Failure to Pay Judgment Projected Amounts Owed As of Foreclosure Sale Date: Principal: $ 1,279.66 Interest $165.90 Costs (estimated): $ 2,500.00 Attorneys Fees (estimated): $875.00 Total (estimated)$4,820.56
Real Estate3 to be Sold:
Common Description: Unit Week Number 41, Condominium Unit Number 7524, Building Number 5, in Phase III of Village Pointe Condominiums, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
Legal Description: Unit Week Number 41, Condominium Unit Number 7524, Building Number 5, in Phase III of Village Pointe Condominiums, according to and as located on the recorded Map recorded under Reception No. 176324 and the Declaration of Condominium and Interval Ownership of Village Pointe Condominiums recorded under Reception No. 160495, and amendments and supplements thereto, in the Office of the County Clerk, Archuleta County, Colorado.
Lien Documents: That is the Identifying Data of Legal Documents1 Being Foreclosed Per Real Estate Records of County Stated in Legal Description:
Mortgage or Deed of Trust: Dated: N/A
Judgment: Dated: 02/09/2009 Case No.: 2008CV213 Court: Archuleta County District Court
Transcript of Judgment: Dated: N/A
Writ of Execution: Dated: 02/20/2009
Other Lien Instrument: Dated: N/A
Recording Date: N/A Recording Data: N/A
Original Principal Amount: $1,279.66
Original Trustee: N/A
Original Holder4 of Lien Documents: Name: Village Pointe Property Owners Assoc., Inc. Address: c/o Foreclosure Management Company, 10975 El Monte, Suite 220, Overland Park, KS 66211
Present Holder of Lien Documents: Name: Village Pointe Property Owners Assoc., Inc. Address: c/o Foreclosure Management Company, 10975 El Monte, Suite 220,
Overland Park, KS 66211
Original Liable Parties5 on Lien Documents: Name(s): Maria T. Irizarry Address: 419 W. Imogene St.,Arcadia, FL 34266
Judgment Debtor(s):Name(s): N/A - In Rem Only Address : N/A
Current Owner(s) of Real Estate: Name(s): Maria T. Irizarry Address: 419 W. Imogene St
Arcadia, FL 34266
1Mortgage, Deed of Trust, Judgment, or other Lien Instrument.
2Sometimes called “Trust Indenture”.
3Sometimes called “Mortgaged Property”, “Trust Property”, or “Property”.
4Sometimes called “Mortgagee”, “Beneficiary”, “Judgment Creditor”, or “Creditor”.
5Sometimes called “Mortgagors”, “Grantors”, “Judgment Debtors”, or “Debtors”.
Published April 23, 30, May 7, 14 and 21, 2009 in The Pagosa Springs SUN.
_________________________________________
District Court, County of ARCHULETA
State of Colorado
Court Address: P.O. Box 148
449 San Juan Street
Pagosa Springs, CO 81147
Plaintiff(s):
Village Pointe Property Owners Association, Inc.
v.
Defendant(s):
(1) Adam Perini
(2) Unknowns: All Unknown Spouses Of Any Party
Hereto, And All Other Persons Living Or Dead
Whose Names Are Unknown, Who Claim Any
Interest in The Subject Real Estate
Philip M. Kleinsmith
Kleinsmith & Associates, P.C.
6035 Erin Park Drive, Suite 203
Colorado Springs, CO 80918
Phone: (719) 593-1970
Fax: (719) 593-2193
Email: klein@frii.com
Bar #: 1063
Case Number 2008CV200
NOTICES OF:
(1) LEVY AND RECORDING;
(2) RIGHT TO CLAIM EXEMPTION;
(3) RIGHT TO CURE AND/OR REDEEM;
(4) ELECTION OF SALE;
(5) SALE; AND
(6) GOVERNMENTAL CLAIMS
YOU ARE NOTIFIED THAT:
All words and phrases which have the first letters thereof capitalized are defined on the attached Identifying Data of Legal Documents Upon Which foreclosure Is Based. The undersigned attorney certifies that to the best of his knowledge, the Judgment Debtor(s) and Current Owner(s) names and addresses are correct.
This proceeding for a Sheriff’s Sale (See Sheriff’s Identifying No. on attached Identifying Data, etc.) has been commenced in the office of the Sheriff of this County to foreclose the lien of the Mortgage, Deed of Trust and/or Judgment.
1. LEVY AND RECORDING: Judgment has been entered and a Writ of Execution has been issued by the above Court to the undersigned Sheriff to levy upon the Real Estate to be Sold, which is owed or was formerly owned by the Judgment Debtor(s), and to which the lien of the Lien Documents attached. Pursuant thereto, the undersigned Sheriff has levied upon or will levy upon the Real Estate to be Sold by recording these Notices in the appropriate real estate records.
2. RIGHT TO CLAIM EXEMPTION AND/OR ENJOIN: Within ten (10) days of the date of service hereof of the Judgment Debtor(s) and Current Owner(s), any one or more of them has a right to file with the Clerk of the above Court a written claim of exemption in the above case, which he, she or it may have by the laws of this State. At any time before this sale, Judgment Debtor(s), Current Owner(s), and other Interested Parties may have a right to enjoin this sale, if permitted by law. Failure to pursue these rights may be deemed a waiver thereof. The filing of a frivolous, groundless or vexatious lawsuit may result in attorney’s fees being assessed against you.
3. CURE AND/OR REDEMPTION RIGHTS: Pursuant to the laws of this State, you may have an interest in the Real Estate to be sold or have certain rights or suffer certain liabilities as a result of this Sheriff’s sale. You may have the right to cure a default under the judgment, or you may have a right to redeem the Real Estate to be Sold. A copy of said statutes, as such statutes are presently constituted, is attached to the copies hereof which are recorded, mailed and served.
The lien of the Lien Documents may not be a first lien.
A Notice of Intent to Cure filed pursuant to CRS 38-38-104 shall be filed with the Sheriff at least 15 calendar days prior to the first scheduled sale date or any date to which the sale is continued.
A Notice of Intent to Redeem filed pursuant to Section 38-38-302 shall be filed with the Sheriff no later than 8 business days after the sale.
4. ELECTION TO SELL: The Holder of the Judgment intends to have the Real Estate to be Sold by the undersigned Sheriff to partially or fully pay the lien of the Lien Documents. The effect of said sale will be to deprive all persons who claim an interest in the Real Estate of any right thereto, except as provided by law.
5. SALE: The Real Estate to be Sold, will be sold at public auction without warranties or guarantees at the following date, time and place:
Date of Sale: June 17, 2009
Place of Sale: Archuleta County Sheriff’s Office, 449 San Juan Street, Pagosa Springs, CO 81147
Time of Sale: 10:00 a.m.
6. GOVERNMENTAL CLAIMS: To the copies of these Notices which are recorded, mailed, and served, there are attached copies of the written recorded claim of any governmental agency against the Real Estate and the independent notices which the law requires to be mailed to any such governmental agency to terminate their rights to the Real Estate.
Dated March 26, 2009
Kleinsmith & Associates, P.C.
Attorney for Holder of Judgment
Colorado Attorney Registration
No. 1063
6035 Erin Park Dr., Ste. 203
Colorado Springs, CO 80918
1-800-842-8417 or (719) 593-1970
/s/ Philip M. Kleinsmith
Sheriff of the Above County
/s/ Peter L.Gonzalez
Address: 449 San Juan Street
Pagosa Springs, CO 81147
Identifying Data of Legal Documents1
Upon Which Foreclosure is Based
Type of Sale (Trustee, Sheriff, Special Master) Sheriff’s Sale 2009-31 and That Person’s Identifying No., (if applicable: Type of Documents Being Foreclosed (Mortgage, Deed of Trust2, Judgment or Other Lien Instrument): Judgment Default(s) Causing Foreclosure: Failure to Pay Judgment Projected Amounts Owed As of Foreclosure Sale Date: Principal: $1,991.00 Interest $ 261.02 Costs (estimated): $ 2,500.00 Attorneys Fees (estimated): $875.00 Total (estimated) $5,627.02
Real Estate3 to be Sold:
Common Description: Unit Week Number 15, Condominium Unit Number 7504, Building Number 1, in Phase I of Village Pointe Condominiums, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
Legal Description: Unit Week Number 15, Condominium Unit Number 7504, Building Number 1, in Phase I of Village Pointe Condominiums, according to and as located on the recorded Map recorded under Reception No. 168713 and the Declaration of Condominium and Interval Ownership of Village Pointe Condominiums recorded under Reception No. 160495, and amendments and supplements thereto, in the Office of the County Clerk, Archuleta County, Colorado.
Lien Documents: That is the Identifying Data of Legal Documents1 Being Foreclosed Per Real Estate Records of County Stated in Legal Description:
Mortgage or Deed of Trust: Dated: N/A
Judgment: Dated: 02/09/2009 Case No.: 2008CV200 Court: Archuleta County District Court
Transcript of Judgment: Dated: N/A
Writ of Execution: Dated: 02/20/2009
Other Lien Instrument: Dated: N/A Recording Date: N/A Recording Data: N/A
Original Principal Amount: $1,991.00
Original Trustee: N/A
Original Holder4 of Lien Documents: Name: Village Pointe Property Owner’s Assoc., Inc. Address: c/o Foreclosure Management Company 10975 El Monte, Suite 220 Overland Park, KS 66211
Present Holder of Lien Documents: Name: Village Pointe Property Owner’s Assoc., Inc. Address c/o Foreclosure Management Company, 10975 El Monte, Suite 220 Overland Park, KS 66211
Original Liable Parties5 on Lien Documents: Name(s): Adam Perini Address: 1569 N 2004 W, Clinton, UT 84015
Judgment Debtor(s): Name(s): N/A - In Rem Only Address: N/A
Current Owner(s) of Real Estate: Name(s): Adam Perini Address: 1569 N 2004 W Clinton, UT 84015
1Mortgage, Deed of Trust, Judgment, or other Lien Instrument.
2Sometimes called “Trust Indenture”.
3Sometimes called “Mortgaged Property”, “Trust Property”, or “Property”.
4Sometimes called “Mortgagee”, “Beneficiary”, “Judgment Creditor”, or “Creditor”.
5Sometimes called “Mortgagors”, “Grantors”, “Judgment Debtors”, or “Debtors”.
Published April 23, 30, May 7, 14 and 21, 2009 in The Pagosa Springs SUN.
_________________________________________
COMBINED NOTICE OF SALE AND RIGHT TO CURE AND REDEEM
FORECLOSURE NUMBER 002-2009
To whom it may concern: This Notice is given with regard to the following described Deed of Trust:
Public Trustee’s Foreclosure Sale No. 002-2009 was commenced on 02/09/2009 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
Original Grantor(s): Copia Pagosa Springs, LLC
Original Beneficiary: Pagosa Loan II, LLC an Arizona limited liability company
Current Holder of Evidence of Debt: Pagosa Loan II, LLC an Arizona limited liability company
Date of Deed of Trust: 07/30/2007
County of Recording: Archuleta
Recording Date of Deed of Trust: 08/02/2007
Reception No.: 20706789
Original Principal Balance: $900,000.00
Outstanding Principal Balance: $900,000.00
Pursuant to C.R.S. §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
Parcel C, Martinez Minor Subdivision, a portion of Parcel 1 of the Martinez Annexation to the Town of Pagosa Springs, Co., according to the amended plat thereof filed October 3, 2005, as Reception No. 20510330, Less and Except that portion conveyed to The Board of County Commissioners of Archuleta County Colorado, recorded February 18, 2003, as Reception No. 20301245, all in the office of the Clerk and Recorder, Archuleta County, Colorado.
now known as -
Parcels 1, 2, and 3, Mountain View Estates Minor Subdivision, according to the plat thereof filed January 25, 2008, as Reception No. 20807714 in the office of the Clerk and Recorder, Archuleta County, Colorado.
WHICH HAS THE ADDRESS OF: X County Rd 600, Pagosa Springs, CO 81147
NOTICE OF SALE
The current holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Hereby Given that I will at public auction at 10:00 A.M. on Thursday, 06/11/2009, at 449 San Juan St., Pagosa Springs, CO 81147 sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale, and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
First Publication: 04/16/2009
Last Publication: 05/14/2009
Name of Publication: Pagosa Springs Sun
NOTICE OF RIGHTS
YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. §38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. §38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
DATE: 2/9/2009
Betty A. Diller
Public Trustee of Archuleta County, State of Colorado
By: /s/ Debora A. Switala, Deputy Public Trustee
The name, address and telephone number of the attorney(s) representing the legal holder of the indebtedness is:
Philip M. Kleinsmith ##1063
Kleinsmith & Associates 6035 Erin Park Dr., Suite 203, , Colorado Springs, CO 80918 (719)593-1970
The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.
Attorney file number: 08-1888
Published April 16, 23, 30,May 7 and 14, 2009 in The Pagosa Springs SUN.
_________________________________________
COMBINED NOTICE OF SALE AND RIGHT TO CURE AND REDEEM
FORECLOSURE NUMBER 016-2009
To whom it may concern: This Notice is given with regard to the following described Deed of Trust:
Public Trustee’s Foreclosure Sale No. 016-2009 was commenced on 02/09/2009 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
Original Grantor(s): Daniel J. Pickett
Original Beneficiary: Bank of the San Juans
Current Holder of Evidence of Debt: Wells Fargo Bank, N.A.
Date of Deed of Trust: 10/31/2003
County of Recording: Archuleta
Recording Date of Deed of Trust: 10/31/2003
Reception No.: 20311416
Original Principal Balance: $107,100.00
Outstanding Principal Balance: $100,172.54
Pursuant to C.R.S. §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
LOTS 19 AND 20, BLOCK 10, ASPEN SPRINGS SUBDIVISION NO. 2 AMENDED, ACCORDING TO THE PLAT THEREOF FILED JUNE 15, 1971, AS RECEPTION NO. 74503, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.
WHICH HAS THE ADDRESS OF: 852 Deer Trail, Pagosa Springs, CO 81147
NOTICE OF SALE
The current holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Hereby Given that I will at public auction at 10:00 A.M. on Thursday, 06/11/2009, at 449 San Juan St., Pagosa Springs, CO 81147 sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale, and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
First Publication: 04/16/2009
Last Publication: 05/14/2009
Name of Publication: Pagosa Springs Sun
NOTICE OF RIGHTS
YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. §38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. §38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
DATE: 2/9/2009
Betty A. Diller
Public Trustee of Archuleta County, State of Colorado
By: /s/ Debora A. Switala, Deputy Public Trustee
The name, address and telephone number of the attorney(s) representing the legal holder of the indebtedness is:
William L. Foster #38341
Caren Jacobs Castle #11790
Barbara Bader #10394
P.C. Wolf #34797
Jeremy D. Peck #36588
Cristel D. Shepherd #39351
Deanne R. Stodden #33214
Jennifer C. Rogers #34682
Katharine E. Fisher #39230
Jeffrey C. Gaston #40389
Elizabeth S. Marcus #16092
Britney Beall-Eder #64935
Lauren R. Smith #39316
Castle, Meinhold & Stawiarski LLC 999 18TH ST., #2201, Denver, CO 80202 303-865-1400
The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.
Attorney file number: 09-01211
Published April 16, 23, 30,May 7 and 14, 2009 in The Pagosa Springs SUN.
_________________________________________
COMBINED NOTICE OF SALE AND RIGHT TO CURE AND REDEEM
FORECLOSURE NUMBER 017-2009
To whom it may concern: This Notice is given with regard to the following described Deed of Trust:
Public Trustee’s Foreclosure Sale No. 017-2009 was commenced on 02/09/2009 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
Original Grantor(s): Tommy L Blankenship Jr and China R Blankenship
Original Beneficiary: Wells Fargo Bank, N.A.
Current Holder of Evidence of Debt: Wells Fargo Bank, N.A.
Date of Deed of Trust: 06/21/2007
County of Recording: Archuleta
Recording Date of Deed of Trust: 06/21/2007
Reception No.: 20705488
Original Principal Balance: $132,294.00
Outstanding Principal Balance: $130,917.42
Pursuant to C.R.S. §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
LOT 423, PAGOSA VISTA, ACCORDING TO THE PLAT THEREOF FILED SEPTEMBER 13, 1971, AS RECEPTION NO 74884, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO
WHICH HAS THE ADDRESS OF: 361 Lake Street, Pagosa Springs, CO 81147
NOTICE OF SALE
The current holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Hereby Given that I will at public auction at 10:00 A.M. on Thursday, 06/11/2009, at 449 San Juan St., Pagosa Springs, CO 81147 sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale, and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
First Publication: 04/16/2009
Last Publication: 05/14/2009
Name of Publication: Pagosa Springs Sun
NOTICE OF RIGHTS
YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. §38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. §38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
DATE: 2/7/2009
Betty A. Diller
Public Trustee of Archuleta County, State of Colorado
By: /s/ Debora A. Switala, Deputy Public Trustee
The name, address and telephone number of the attorney(s) representing the legal holder of the indebtedness is:
William L. Foster #38341
Caren Jacobs Castle #11790
Barbara Bader #10394
P.C. Wolf #34797
Jeremy D. Peck #36588
Cristel D. Shepherd #39351
Deanne R. Stodden #33214
Jennifer C. Rogers #34682
Katharine E. Fisher #39230
Jeffrey C. Gaston #40389
Elizabeth S. Marcus #16092
Britney Beall-Eder #64935
Lauren R. Smith #39316
Castle, Meinhold & Stawiarski LLC 999 18TH ST., #2201, Denver, CO 80202 303-865-1400
The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.
Attorney file number: 08-25791
Published April 16, 23, 30,May 7 and 14, 2009 in The Pagosa Springs SUN.
_________________________________________
COMBINED NOTICE OF SALE AND RIGHT TO CURE AND REDEEM
FORECLOSURE NUMBER 018-2009
To whom it may concern: This Notice is given with regard to the following described Deed of Trust:
Public Trustee’s Foreclosure Sale No. 018-2009 was commenced on 02/09/2009 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
Original Grantor(s): Walter E. Rediske and Debra T. Rediske
Original Beneficiary: Argent Mortgage Company, LLC
Current Holder of Evidence of Debt: Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-W4
Date of Deed of Trust: 09/22/2005
County of Recording: Archuleta
Recording Date of Deed of Trust: 10/07/2005
Reception No.: 20510598
Re-recording Date of Deed of Trust: 01/20/2009
Re-recording Reception No.: 20900368
Original Principal Balance: $236,000.00
Outstanding Principal Balance: $230,899.62
Pursuant to C.R.S. §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
SITUATED IN THE COUNTY OF ARCHULETA, STATE OF COLORADO TO WIT: LOT 13, BLOCK 3, UNIT #2, AND A REPLAT OF A PORTION UNIT #1 HOLIDAY ACRES SUBDIVISION, COUNTY OF ARCHULETA, STATE OF COLORADO.
WHICH HAS THE ADDRESS OF: 355 Coyote Drive, Pagosa Springs, CO 81147
NOTICE OF SALE
The current holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Hereby Given that I will at public auction at 10:00 A.M. on Thursday, 06/11/2009, at 449 San Juan St., Pagosa Springs, CO 81147 sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale, and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
First Publication: 04/16/2009
Last Publication: 05/14/2009
Name of Publication: Pagosa Springs Sun
NOTICE OF RIGHTS
YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. §38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. §38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
DATE: 2/7/2009
Betty A. Diller
Public Trustee of Archuleta County, State of Colorado
By: /s/ Debora A. Switala, Deputy Public Trustee
The name, address and telephone number of the attorney(s) representing the legal holder of the indebtedness is:
Robert J. Aronowitz, Esq. #5673
Joan Olson, Esq. #28078
Joel T. Mecklenberg, Esq. #36291
Marcy McDermott #38030
Stacey L. Aronowitz, Esq. #36290
Aronowitz & Ford, LLP 1199 Bannock Street, , Denver, CO 80204 3038131177
The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.
Attorney file number: 1115.80155
Published April 16, 23, 30, May 7 and 14, 2009 in The Pagosa Springs SUN.
_________________________________________
District Court Probate Court, Archuleta County, Colorado
Court Address: 449 San Juan Street, P.O. Box 148
Pagosa Springs, Colorado 81147
Telephone No.: (970) 264-2400
In the Matter of the Estate of
WILLIAM GERALD RIGGS, JR.
Deceased
Attorney or Party Without Attorney:
Larry W. Holthus
PO BOX 1737
Pagosa Springs, Colorado 81147
Phone Number: (970) 264-4196
FAX Number: (970) 264-4197
Atty. Reg. #: 10535
NOTICE TO CREDITORS BY PUBLICATION PURSUANT TO §15-12-801, C.R.S.
NOTICE TO CREDITORS
Estate of WILLIAM GERALD RIGGS, JR., Deceased
Case No. 09PR6
All persons having claims against the above-named estate are required to present them to the personal representative or to the District Court of Archuleta County, Colorado on or before August 27, 2009, or the claims may be forever barred.
LARRY W. HOLTHUS
PO BOX 1737
PAGOSA SPRINGS, CO 81147
Published April 16, 23 and 30, 2009 in The Pagosa Springs SUN.
_________________________________________
DISTRICT COURT, ARCHULETA COUNTY, COLORADO
Court Address: Combined Court
449 San Juan Street
P.O. Box 148
Pagosa Springs, CO 81147
Phone Number: (970) 264-2400
Plaintiff(s):
WYNDHAM VACATION RESORTS, INC., f/k/a FAIRFIELD RESORTS, INC., f/k/a FAIRFIELD COMMUNITIES, INC., A DELAWARE CORPORATION
v.
Defendant(s):
ROBERTO ALBERTORIO, RICKY BLANCHARD, LAURA BLANCHARD, STERLING D. DAVIDSON, KATHY A. DAVIDSON, DEAN P. DIETRICH, JESSICA DIETRICH, LEON G. GERBITZ, SANDRA GERBITZ, HAROLD W. FRYE, RUTH A. FRYE, LAURA T. GABALDON, KARL JON HABERMACHER, AND FAITH F. HABERMACHER
Submitting Attorney:
SHAND, NEWBOLD & CHAPMAN, P.C.
Keith Newbold
150 East 9th Street, Suite 400
P.O. Box 2790
Durango, CO 81302
Phone Number: (970) 247-3091
Fax Number: (970) 247-3100
E-Mail: knewbold@snc-law.com
Atty. Reg. No: 010629
Case Number: 2008-CV-153
SHERIFF’S COMBINED NOTICE OF SHERIFF’S SALE AND NOTICE OF RIGHT TO CURE AND RIGHT TO REDEEM
TO WHOM IT MAY CONCERN:
This is to advise you that the above-captioned action is pending. A Judgment and Decree of Foreclosure has been entered in this action concerning Mortgage executed by the Defendants for the benefit of Wyndham Vacation Resorts, Inc., f/k/a Fairfield Resorts, Inc., f/n/a Fairfield Communities, Inc., said Mortgage being dated June 2, 2004, and recorded on December 9, 2004 at Reception 20411686 in the records of the Archuleta County Clerk and Recorder.
The real property, which is all of the property currently encumbered by the Mortgage described in said Judgment and Decree of Foreclosure, is situate in Archuleta County, Colorado, as recorded in the Office of the Clerk and Recorder of Archuleta County, Colorado, as detailed and described as:
A 63,000/17,743,000 undivided fee simple absolute interest in Units 7863-7864 in Building 32, as tenants in common with the other undivided interest owners of said building of PEREGRINE TOWNHOUSES PHASE VII, as depicted on the Plat recorded at Reception Number 20005495, subject to Declaration of Protective Covenants and Interval Ownership for Peregrine Townhouses recorded at Reception Number 173556, Third Supplemental Declaration recorded March 13, 2000 as Reception No. 20002414 and any amendments and supplements thereto, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.
Defendants Dean P. Dietrich and Jessica Dietrich are the original grantors of the Mortgage and are in default pursuant to the terms of the Promissory Note and the Mortgage being foreclosed. The Plaintiff named above is the judgment creditor in this action and the current owner of the evidence of debt (the judgment entered herein) secured by the property being sold; and as of February 11, 2009, the outstanding balance due and owning on such judgment is $9,195.51.
The name, address and telephone number of the attorneys representing the owner of the Mortgage being foreclosed is Keith Newbold; Shand, Newbold & Chapman, P.C., 150 East 9th Street, Suite 400, Durango, Colorado 81301; (970) 247-3091.
NOTE: THE MORTGAGE BEING FORECLOSED MAY NOT BE A FIRST LIEN.
NOTICE OF SALE
I shall offer for public sale to the highest bidder, for cash, at public auction, all the right, title and interest of the Defendants in said property on Wednesday, June 3, 2009, at 10:00 A.M., at the Sheriff’s Office, 449 San Juan Street Pagosa Springs, Colorado.
NOTICE OF RIGHTS
Attached hereto are copies of certain Colorado statues that may vitally affect your property rights in relation to this proceeding. Said proceeding may result in the loss of property in which you have an interest and may create a personal debt against you. You may wish to seek the advice of your own private attorney concerning your rights in relation to this foreclosure proceeding.
A notice of intent to cure pursuant to §38-38-104, C.R.S., shall be filed with the officer at least fifteen calendar days prior to the first scheduled sale date or any date to which the sale is continued.
A notice of intention to redeem filed pursuant to §38-38-302, C.R.S., shall be filed with the officer no later than eight business days after the sale.
Intent to cure or redeem, as provided by the aforementioned laws, must be directed to or conducted at the Office of the Sheriff for Archuleta County, 449 San Juan Street, P.O. Box 638, Pagosa Springs, Colorado 81147.
DATED this 6 day of April, 2009 at Pagosa Springs, Colorado.
/s/ Peter L. Gonzalez, Sheriff,
Archuleta County, Colorado
SALE DATE: WEDNESDAY, JUNE 3, 2009 AT 10:00 AM
BIDDERS ARE REQUIRED TO HAVE CASH OR CERTIFIED FUNDS TO COVER THEIR HIGHEST BID AT THE TIME OF SALE. CERTIFIED FUNDS ARE PAYABLE TO THE REGISTRY OF THE ARCHULETA COUNTY DISTRICT COURT.
Colorado Statutes attached: §38-37-108, §38-38-103, §38-38-104, §38-38-301, §38-38-304, §38-38-305, and §38-38-306, C.R.S., as amended.
Published April 16, 23, 30, May 7 and 14, 2009 in The Pagosa Springs SUN.
_________________________________________
DISTRICT COURT, ARCHULETA COUNTY,
COLORADO
Court Address:
Clerk of the District Court
Archuleta County District Court
449 San Juan Street
Pagosa Springs, Colorado 81147
Plaintiff(s):
POPULAR MORTGAGE SERVICING, INC., as Servicer for HSBC BANK USA NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE UNDER THE INDENTURE RELATING TO PEOPLE’S CHOICE HOME LOAN SECURITIES TRUST SERIES 2005-4
Defendant(s):
CHARLES MICHAEL THOMAS, GREENPOINT MORTGAGE FUNDING, INC., PAGOSA LAKES PROPERTY OWNERS ASSOCIATION, ARCHULETA COUNTY, STATE OF COLORADO, PUBLIC TRUSTEE OF ARCHULETA COUNTY, and ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE SUBJECT PROPERTY,
Attorney for Plaintiff:
Beverly L. Edwards, No. 11532
EDWARDS & TAYLOR, LLC
2851 So. Parker Rd., Ste. 1200
Aurora, CO 80014
(303) 750-2303
FAX: (303) 752-0946
Case Number: 2008 CV 329
SUMMONS BY PUBLICATION
THE PEOPLE OF THE STATE OF COLORADO
TO THE ABOVE-NAMED DEFENDANTS AND SPECIFICALLY TO DEFENDANT(S) ALL UNKNOWN PERSONS WHO MAY CLAIM AN INTEREST IN THE SUBJECT PROPERTY
You are hereby summoned and required to appear and defend against the claims of the Complaint filed with the Court in this action, by filing with the Clerk of this Court an answer or other response. You are required to file your answer or other response within thirty (30) days after the service of this Summons upon you. Service of this Summons shall be complete on the day of the last publication. A copy of the Complaint may be obtained from the Clerk of the Court.
If you fail to file your answer or other response to the Complaint in writing within thirty (30) days after the date of the last publication, judgment by default may be rendered against you by the Court for the relief demanded in the Complaint without further notice.
This is an action for judicial foreclosure of a Deed of Trust, dated June 24, 2005, and recorded on June 30, 2005, at Reception No. 20506457, in the records of the County of Archuleta, State of Colorado, and as more specifically described in Plaintiff(s)’ Complaint in the within action, on the following real property located in the County of Archuleta, State of Colorado:
Lots 14 and 15, Block 7, Pagosa In the Pines, County of Archuleta, State of Colorado.
Also known by street and number as 218 Masters Circle, Pagosa Springs, Colorado 81147
The Complaint is also for reformation of the Deed of Trust to include the lot and block legal description which was inadvertently omitted from the Deed of Trust due to a processing error
DATED: March 18 2009
RESPECTFULLY SUBMITTED,
EDWARDS & TAYLOR, LLC
/s/ Beverly L. Edwards, No. 11532
Attorneys for Plaintiff
2851 S. Parker Rd., Ste. 1200
Aurora, Colorado 80014
Telephone: (303) 750-2303
Published April 9, 16, 23, 30 and May 7, 2009 in The Pagosa Springs SUN.
_________________________________________
DISTRICT COURT, ARCHULETA COUNTY, COLORADO
Court Address: Combined Court
449 San Juan Street
P.O. Box 148
Pagosa Springs, CO 81147
Phone Number: (970) 264-2400
Plaintiff(s):
WYNDHAM VACATION RESORTS, INC., f/k/a FAIRFIELD RESORTS, INC., f/k/a FAIRFIELD COMMUNITIES, INC., A DELAWARE CORPORATION
v.
Defendant(s):
JOHN CARRIGG, AMY L. TJADEN, CARL A. CARSTROM, JR., SHEILA I. CARSTROM, ARDELLA CHESS, DARYL CHESS, ROBERT W. DUNCAN, ANGELA D. DUNCAN, FLORENCE E. FRANKLIN, MICHAEL D. FRIESENHAHN, CATHY A. FRIESENHAHN, SHAUN HOWELL AND REGINA HOWELL
Submitting Attorney:
SHAND, NEWBOLD & CHAPMAN, P.C.
Keith Newbold
150 East 9th Street, Suite 400
P.O. Box 2790
Durango, CO 81302
Phone Number: (970) 247-3091
Fax Number: (970) 247-3100
E-Mail: knewbold@snc-law.com
Atty. Reg. No: 010629
Case Number: 2008-CV-265
SHERIFF’S COMBINED NOTICE OF SHERIFF’S SALE AND
NOTICE OF RIGHT TO CURE AND RIGHT TO REDEEM
TO WHOM IT MAY CONCERN:
This is to advise you that the above-captioned action is pending. A Judgment and Decree of Foreclosure has been entered in this action concerning Mortgages executed by the Defendants for the benefit of Wyndham Vacation Resorts, Inc., f/k/a Fairfield Resorts, Inc., f/n/a Fairfield Communities, Inc., said Mortgages being recorded as detailed below.
The real property, which is all of the property currently encumbered by the Mortgages described in said Judgment and Decree of Foreclosure, is situate in Archuleta County, Colorado, as recorded in the Office of the Clerk and Recorder of Archuleta County, Colorado, as detailed and described below.
The Defendants named below are the original grantors of the Mortgages and are in default pursuant to the terms of the Promissory Notes and the Mortgages being foreclosed. The Plaintiff named above is the judgment creditor in this action and the current owner of the evidence of debt (the judgment entered herein) secured by the property being sold; and as of January 22, 2009, the outstanding balance due and owning on such judgment is detailed below.
The name, address and telephone number of the attorneys representing the owner of the Mortgage being foreclosed is Keith Newbold; Shand, Newbold & Chapman, P.C., 150 East 9th Street, Suite 400, Durango, Colorado 81301; (970) 247-3091.
1. As to Defendants John Carrigg and Amy L. Tjaden, the property is described as:
A 78,000/63,185,500 undivided fee simple absolute ownership interest in Units 1511, 1512, 1513, 1514, 1515, 1516, 1521, 1522, 1523, 1525 and 1526 in Building 15, as tenants in common with the other undivided interest owners of said building of TEAL LANDING CONDOMINIUM - PHASE FIVE - AS BUILT BUILDING 15, as depicted on the Plat recorded as Reception No. 20204764, subject to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20007580, First Amendment to Declaration of Condominium recorded as Reception No. 20009604, Second Amendment to Declaration recorded as Reception No. 20102923, Third Amendment to Declaration recorded as Reception No. 20104161, First Supplemental Declaration recorded as Reception No. 20105651, Second Supplemental Declaration recorded as Reception No. 20106880, First Amendment to Second Supplemental Declaration recorded as Reception No. 20110747, Third Supplemental Declaration recorded as Reception No. 20203147, Fourth Supplemental Declaration recorded as Reception No. 20204765, and any future supplemental Plats or Declarations thereto, in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado. The property described above is an Annual ownership interest as described in the Declaration and such ownership interest has been allocated 78,000 points (as defined in the Declaration of Condominium for Teal Landing Condominium) for use by the Grantee in Each year.
with the Mortgage being dated February 12, 2003, and recorded on January 14, 2005 at Reception 20500392. The outstanding balance due and owning on such judgment is:
Original Principal: $8,329.15 Unpaid Principal: $5,243.51
Interest at 15%: $745.58 Costs: $1,484.98
Attorney Fees: $1,100.00 Judgment Total: $9,336.93
2. As to Defendants Carl A. Carstrom, Jr. and Sheila I. Carstrom, the property is described as:
A 154,000/63,185,500 undivided fee simple absolute ownership interest in Units 1511, 1512, 1513, 1514, 1515, 1516, 1521, 1522, 1523, 1525 and 1526 in Building 15, as tenants in common with the other undivided interest owners of said building of TEAL LANDING CONDOMINIUM - PHASE FIVE - AS BUILT BUILDING 15, as depicted on the Plat recorded as Reception No. 20204764, subject to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20007580, First Amendment to Declaration of Condominium recorded as Reception No. 20009604, Second Amendment to Declaration recorded as Reception No. 20102923, Third Amendment to Declaration recorded as Reception No. 20104161, First Supplemental Declaration recorded as Reception No. 20105651, Second Supplemental Declaration recorded as Reception No. 20106880, First Amendment to Second Supplemental Declaration recorded as Reception No. 20110747, Third Supplemental Declaration recorded as Reception No. 20203147, Fourth Supplemental Declaration recorded as Reception No. 20204765, and any future supplemental Plats or Declarations thereto, in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado. The property described above is an Annual ownership interest as described in the Declaration and such ownership interest has been allocated 154,000 points (as defined in the Declaration of Condominium for Teal Landing Condominium) for use by the Grantee in Each year.
with the Mortgage being dated February 8, 2003, and recorded on May 20, 2003 at Reception 20305048. The outstanding balance due and owning on such judgment is:
Original Principal: $14,400.00 Unpaid Principal: $12,333.30
Interest at 15%: $1,784.10 Late Fees: $612.33
Costs: $337.03 Attorney Fees: $1,100.00
Judgment Total: $22,696.93
3. As to Defendants Ardella Chess and Daryl Chess, the property is described as:
A 308,000/63,185,500 undivided fee simple absolute ownership interest in Units 1311, 1312, 1313, 1314, 1315, 1316, 1321, 1322, 1323, 1325 and 1326 in Building 13, as tenants in common with the other undivided interest owners of said building of TEAL LANDING CONDOMINIUM - PHASE THREE - AS BUILT BUILDING 13, as depicted on the Plat recorded as Reception No. 20106879, subject to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20007580, First Amendment to Declaration of Condominium recorded as Reception No. 20009604, Second Amendment to Declaration recorded as Reception No. 20102923, Third Amendment to Declaration recorded as Reception No. 20104161, First Supplemental Declaration recorded as Reception No. 20105651, Second Supplemental Declaration recorded as Reception No. 20106880, First Amendment to Second Supplemental Declaration recorded as Reception No. 20110747, and any future supplemental Plats or Declarations thereto, in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado. The property described above is an Annual ownership interest as described in the Declaration and such ownership interest has been allocated 308,000 points (as defined in the Declaration of Condominium for Teal Landing Condominium) for use by the Grantee in Each year.
with the Mortgage being dated February 13, 2004, and recorded on December 16, 2004 at Reception 20412107. The outstanding balance due and owning on such judgment is:
Original Principal: $28,683.69 Unpaid Principal: $27,325.57
Interest at 15%: $3,952.85 Late Fees: $328.76
Costs: $412.03 Attorney Fees: $1,100.00
Judgment Total: $44,626.23
4. As to Defendant Florence E. Franklin, the property is described as:
A 94,500/60,310,500 undivided fee simple absolute ownership interest in Units 1211, 1212, 1213, 1214, 1215, 1216, 1221, 1224, 1225 and 1226 in Building 12, as tenants in common with the other undivided interest owners of said building of TEAL LANDING CONDOMINIUM - PHASE TWO - AS BUILT BUILDING 12, as depicted on the Plat recorded as Reception No. 20105650, subject to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20007580, First Amendment to Declaration of Condominium recorded as Reception No. 20009604, Second Amendment to Declaration recorded as Reception No. 20102923, Third Amendment to Declaration recorded as Reception No. 20104161, and First Supplemental Declaration recorded as Reception No. 20105651 and any and all amendments and supplements thereto, in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado. The property described above is an Annual ownership interest as described in the Declaration and such ownership interest has been allocated 94,500 points (as defined in the Declaration of Condominium for Teal Landing Condominium) for use by the Grantee in Each year.
with the Mortgage being dated February 18, 2002, and recorded on September 30, 2002 at Reception 20208842. The outstanding balance due and owning on such judgment is:
Original Principal: $9,249.15 Unpaid Principal: $5,366.96
Interest at 15%: $776.37 Late Fees: $10.31
Costs: $367.03 Attorney Fees: $1,100.00
Judgment Total: $9,212.87
5. As to Defendants Shaun Howell and Regina Howell, the property is described as:
A 154,000/63,185,500 undivided fee simple absolute ownership interest in Units 1311, 1312, 1313, 1314, 1315, 1316, 1321, 1322, 1323, 1325 and 1326 in Building 13, as tenants in common with the other undivided interest owners of said building of TEAL LANDING CONDOMINIUM - PHASE THREE - AS BUILT BUILDING 13, as depicted on the Plat recorded as Reception No. 20106879, subject to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20007580, First Amendment to Declaration of Condominium recorded as Reception No. 20009604, Second Amendment to Declaration recorded as Reception No. 20102923, Third Amendment to Declaration recorded as Reception No. 20104161, First Supplemental Declaration recorded as Reception No. 20105651, Second Supplemental Declaration recorded as Reception No. 20106880, First Amendment to Second Supplemental Declaration recorded as Reception No. 20110747, and any future supplemental Plats or Declarations thereto, in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado. The property described above is an Annual ownership interest as described in the Declaration and such ownership interest has been allocated 154,000 points (as defined in the Declaration of Condominium for Teal Landing Condominium) for use by the Grantee in Each year.
with the Mortgage being dated March 19, 2005, and recorded on May 15, 2006 at Reception 20604347. The outstanding balance due and owning on such judgment is:
Original Principal: $14,831.65 Unpaid Principal: $14,130.04
Interest at 15%: $2,044.02 Late Fees: $173.75
Costs: $337.03 Attorney Fees: $1,100.00
Judgment Total: $21,559.87
NOTE: THE MORTGAGE BEING FORECLOSED MAY NOT BE A FIRST LIEN.
NOTICE OF SALE
I shall offer for public sale to the highest bidder, for cash, at public auction, all the right, title and interest of the Defendants in said property on Wednesday, May 13, 2009, at 10:00 A.M., at the Sheriff’s Office, 449 San Juan Street Pagosa Springs, Colorado.
NOTICE OF RIGHTS
Attached hereto are copies of certain Colorado statues that may vitally affect your property rights in relation to this proceeding. Said proceeding may result in the loss of property in which you have an interest and may create a personal debt against you. You may wish to seek the advice of your own private attorney concerning your rights in relation to this foreclosure proceeding.
A notice of intent to cure pursuant to §38-38-104, C.R.S., shall be filed with the officer at least fifteen calendar days prior to the first scheduled sale date or any date to which the sale is continued.
A notice of intention to redeem filed pursuant to §38-38-302, C.R.S., shall be filed with the officer no later than eight business days after the sale.
Intent to cure or redeem, as provided by the aforementioned laws, must be directed to or conducted at the Office of the Sheriff for Archuleta County, 449 San Juan Street, P.O. Box 638, Pagosa Springs, Colorado 81147.
DATED this 26 day of March, 2009 at Pagosa Springs, Colorado.
/s/ Peter L. Gonzalez, Sheriff,
Peter L. Gonzalez
Archuleta County, Colorado
SALE DATE: WEDNESDAY, MAY 13, 2009 AT 10:00 AM
BIDDERS ARE REQUIRED TO HAVE CASH OR CERTIFIED FUNDS TO COVER THEIR HIGHEST BID AT THE TIME OF SALE. CERTIFIED FUNDS ARE PAYABLE TO THE REGISTRY OF THE ARCHULETA COUNTY DISTRICT COURT.
Colorado Statutes attached: §38-37-108, §38-38-103, §38-38-104, §38-38-301, §38-38-304, §38-38-305, and §38-38-306, C.R.S., as amended.
Published April 9, 16, 23, 30 and May 7, 2009 in The Pagosa Springs SUN.
_________________________________________
COMBINED NOTICE OF SALE AND RIGHT TO CURE AND REDEEM
FORECLOSURE NUMBER 099-2008
To whom it may concern: This Notice is given with regard to the following described Deed of Trust:
Public Trustee’s Foreclosure Sale No. 099-2008 was commenced on 02/06/2009 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
Original Grantor(s): MELISSA CALHOUN AND CHRIS MUSGROVE
Original Beneficiary: INDYMAC FEDERAL BANK, F. S. B.
Current Holder of Evidence of Debt: INDYMAC FEDERAL BANK, F.S.B.
Date of Deed of Trust: 03/03/2005
County of Recording: Archuleta
Recording Date of Deed of Trust: 03/16/2005
Reception No.: 20502354
Original Principal Balance: $556,000.00
Outstanding Principal Balance: $556,000.00
Pursuant to C.R.S. §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
PLEASE SEE ATTACHED LEGAL DESCRIPTION
Legal Description
Parcel 1, MCKEOWN MINOR IMPACT SUBDIVISION, according to the plat thereof filed for record June 19, 2002 as Reception No. 20205479.
LESS AND EXCEPT that portion contained in Correction Warranty Deed from C. Peter Eckrich, Eugene M. Eckrich, Susan E. May, Eugene M. Eckrich as Trustee for Michael E. Eckrich, Sara Eckrich and Laura Eckrich, to Eugene M. Eckrich as Trustee for Sara Eckrich, recorded March 24, 1975 in Book 143 at Page 95.
WHICH HAS THE ADDRESS OF: 4691 EAST HIGHWAY 160, PAGOSA SPRINGS, CO 81147
NOTICE OF SALE
The current holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Hereby Given that I will at public auction at 10:00 A.M. on Thursday, 05/28/2009, at 449 San Juan St., Pagosa Springs, CO 81147 sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale, and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
First Publication: 04/02/2009
Last Publication: 04/30/2009
Name of Publication: Pagosa Springs Sun
NOTICE OF RIGHTS
YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. §38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. §38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
DATE: 2/20/2009
Betty A. Diller
Public Trustee of Archuleta County, State of Colorado
By: /s/ Debora A. Switala, Deputy Public Trustee
The name, address and telephone number of the attorney(s) representing the legal holder of the indebtedness is:
Robert J. Aronowitz, Esq. #5673
Joan Olson, Esq. #28078
Joel T. Mecklenberg, Esq. #36291
Marcy McDermott #38030
Stacey L. Aronowitz, Esq. #36290
Aronowitz & Ford, LLP 1199 Bannock Street, , Denver, CO 80204 3038131177
The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.
Attorney file number: 3500.00127
Published April 2, 9, 16, 23 and 30, 2009 in The Pagosa Springs SUN.
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DISTRICT COURT, ARCHULETA COUNTY, COLORADO
Court Address: Combined Court
449 San Juan Street
P.O. Box 148
Pagosa Springs, CO 81147
Phone Number: (970) 264-2400
Plaintiff(s):
WYNDHAM VACATION RESORTS, INC., f/k/a FAIRFIELD RESORTS, INC., f/k/a FAIRFIELD COMMUNITIES, INC., A DELAWARE CORPORATION
v.
Defendant(s):
GARY JORGENSEN, GAIL JORGENSEN, BRENT A. KNUDTSON, MICHELLE A. KNUDTSON, PAUL M. LEE, NANCY A. LEE, KELTON H. OPP, CLARA A. RODRIGUEZ, NEIL RETZER, TAMMIE RETZER, JOSEPH VIGIL, RAYLA VIGIL, PENNY S. VOSS, CAROL W. VOSS, JERRY L. WALTERS, JR., LYNDA K. WALTERS, ROSCOE WHITEROCK AND SHERRY L. WHITEROCK
Submitting Attorney:
SHAND, NEWBOLD & CHAPMAN, P.C.
Keith Newbold
150 East 9th Street, Suite 400
P.O. Box 2790
Durango, CO 81302
Phone Number: (970) 247-3091
Fax Number: (970) 247-3100
E-Mail: knewbold@snc-law.com
Atty. Reg. No: 010629
Case Number: 2009-CV-031
SUMMONS BY PUBLICATION
THE PEOPLE OF THE STATE OF COLORADO
TO THE ABOVE-NAMED DEFENDANTS:
You are hereby summoned and required to appear and defend against the claims of the Complaint filed with the Court in this action, by filing with the Clerk of this Court an answer or other response. You are required to file your answer or other response within 30 days after the service of this Summons upon you. Service of this Summons shall be complete on the day of the last publication. A copy of the Complaint may be obtained from the Clerk of the Court.
If you fail to file your answer or other response to the Complaint in writing within 30 days after the date of the last publication, judgment by default may be rendered against you by the Court for the relief demanded in the Complaint without further notice.
This is an action to foreclose on Mortgages and Promissory Notes given by Defendants for the benefit of Plaintiff, and to quiet the title of the Plaintiff in and to the real property situate in Archuleta County, Colorado, more particularly described on Exhibit A, attached hereto and by this reference made a part hereof.
EXHIBIT “A”
Description of Real Property
Unit Week Number 47, Unit Number 44, Building Number 44, in “EAGLE’S LOFT - PHASE IV”, according to and as located on the recorded Map thereof filed for record February 20, 1986 as Reception No. 137941, and in accordance with and as limited and defined by the Declaration of Individual and/or Interval Ownership, recorded July 29, 1983 in Book 200 at Page 834 and First Supplemental Declaration of Individual and/or Interval Ownership recorded October 7, 1983 in Book 203 at Page 564 and Second Supplemental Declaration of Individual and/or Interval Ownership recorded May 30, 1984 as Reception No. 123459 and First Amendment to Second Supplemental Declaration of Individual and/or Interval Ownership recorded July 13, 1984 as Reception No. 124494. Third Supplemental Declaration of Individual and/or Interval Ownership recorded July 10, 1985 as Reception No. 132403.
Unit Week Number 1, Condominium Unit Number 7312, Building Number 2, in “PHASE I OF MASTERS PLACE CONDOMINIUMS”, according to and as located on the recorded Map thereof filed for record March 1, 1989 as Reception No. 161539, and in accordance with and as limited and defined by the Declaration of Condominium recorded March 14, 1989 as Reception No. 161911 and Amendment to Declaration of Condominium and Interval Ownership recorded February 23, 1990 as Reception No. 169540.
A 308,000/62,896,000 undivided fee simple absolute ownership interest in Units 1711, 1712, 1713, 1714, 1715, 1716, 1721, 1722, 1723, 1724, 1725 and 1726 in Building 17, as tenants in common with the other undivided interest owners of said building of TEAL LANDING CONDOMINIUM - PHASE SEVEN - AS BUILT BUILDING 17, as depicted on the Plat recorded as Reception No. 20209496, subject to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20007580, First Amendment to Declaration of Condominium recorded as Reception No. 20009604, Second Amendment to Declaration recorded as Reception No. 20102923, Third Amendment to Declaration recorded as Reception No. 20104161, First Supplemental Declaration recorded as Reception No. 20105651, Second Supplemental Declaration recorded as Reception No. 20106880, First Amendment to Second Supplemental Declaration recorded as Reception No. 20110747, Third Supplemental Declaration recorded as Reception No. 20203147, Fourth Supplemental Declaration recorded as Reception No. 20204765, Fifth Supplemental Declaration recorded as Reception No. 20206614, First Amendment to Fifth Supplemental recorded December 12, 2002 as Reception No. 20211905, Sixth Supplemental Declaration recorded as Reception No. 20209497 and any future supplemental Plats or Declarations thereto, in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado. The property described above is an Annual ownership interest as described in the Declaration and such ownership interest has been allocated 308,000 points (as defined in the Declaration of Condominium for Teal Landing Condominium) for use by the Grantee in Each year.
A 84,000/63,185,500 undivided fee simple absolute ownership interest in Units 1411, 1412, 1413, 1415, 1416, 1421, 1422, 1423, 1424, 1425 and 1426 in Building 14, as tenants in common with the other undivided interest owners of said building of TEAL LANDING CONDOMINIUM - PHASE FOUR - AS BUILT BUILDING 14, as depicted on the Plat recorded as Reception No. 20203146, subject to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20007580, First Amendment to Declaration of Condominium recorded as Reception No. 20009604, Second Amendment to Declaration recorded as Reception No. 20102923, Third Amendment to Declaration recorded as Reception No. 20104161, First Supplemental Declaration recorded as Reception No. 20105651, Second Supplemental Declaration recorded as Reception No. 20106880, First Amendment to Second Supplemental Declaration recorded as Reception No. 20110747, Third Supplemental Declaration recorded as Reception No. 20203147, and any future supplemental Plats or Declarations thereto, in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado. The property described above is an Annual ownership interest as described in the Declaration and such ownership interest has been allocated 84,000 points (as defined in the Declaration of Condominium for Teal Landing Condominium) for use by the Grantee in Each year.
A 105,000/60,310,500 undivided fee simple absolute ownership interest in Units 1211, 1212, 1213, 1214, 1215, 1216, 1221, 1224, 1225 and 1226 in Building 12, as tenants in common with the other undivided interest owners of said building of TEAL LANDING CONDOMINIUM - PHASE TWO - AS BUILT BUILDING 12, as depicted on the Plat recorded as Reception No. 20105650, subject to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20007580, First Amendment to Declaration of Condominium recorded as Reception No. 20009604, Second Amendment to Declaration recorded as Reception No. 20102923, Third Amendment to Declaration recorded as Reception No. 20104161, and First Supplemental Declaration recorded as Reception No. 20105651 and any and all amendments and supplements thereto, in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado. The property described above is an Annual ownership interest as described in the Declaration and such ownership interest has been allocated 105,000 points (as defined in the Declaration of Condominium for Teal Landing Condominium) for use by the Grantee in Each year.
A 531,000/62,896,000 undivided fee simple absolute ownership interest in Units 1611, 1612, 1613, 1614, 1615, 1616, 1621, 1622, 1623, 1624, 1625 and 1626 in Building 16, as tenants in common with the other undivided interest owners of said building of CORRECTION PLAT - TEAL LANDING CONDOMINIUM - PHASE SIX - AS BUILT BUILDING 16, as depicted on the Plat recorded as Reception No. 20304272, subject to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20007580, First Amendment to Declaration of Condominium recorded as Reception No. 20009604, Second Amendment to Declaration recorded as Reception No. 20102923, Third Amendment to Declaration recorded as Reception No. 20104161, First Supplemental Declaration recorded as Reception No. 20105651, Second Supplemental Declaration recorded as Reception No. 20106880, First Amendment to Second Supplemental Declaration recorded as Reception No. 20110747, Third Supplemental Declaration recorded as Reception No. 20203147, Fourth Supplemental Declaration recorded as Reception No. 20204765, Fifth Supplemental Declaration recorded as Reception No. 20206614, First Amendment to Fifth Supplemental recorded December 12, 2002 as Reception No. 20211905, and any future supplemental Plats or Declarations thereto, in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado. The property described above is an Annual ownership interest as described in the Declaration and such ownership interest has been allocated 531,000 points (as defined in the Declaration of Condominium for Teal Landing Condominium) for use by the Grantee in Each year.
A 300,000/62,896,000 undivided fee simple absolute ownership interest in Units 1611, 1612, 1613, 1614, 1615, 1616, 1621, 1622, 1623, 1624, 1625 and 1626 in Building 16, as tenants in common with the other undivided interest owners of said building of CORRECTION PLAT - TEAL LANDING CONDOMINIUM - PHASE SIX - AS BUILT BUILDING 16, as depicted on the Plat recorded as Reception No. 20304272, subject to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20007580, First Amendment to Declaration of Condominium recorded as Reception No. 20009604, Second Amendment to Declaration recorded as Reception No. 20102923, Third Amendment to Declaration recorded as Reception No. 20104161, First Supplemental Declaration recorded as Reception No. 20105651, Second Supplemental Declaration recorded as Reception No. 20106880, First Amendment to Second Supplemental Declaration recorded as Reception No. 20110747, Third Supplemental Declaration recorded as Reception No. 20203147, Fourth Supplemental Declaration recorded as Reception No. 20204765, Fifth Supplemental Declaration recorded as Reception No. 20206614, First Amendment to Fifth Supplemental recorded December 12, 2002 as Reception No. 20211905, and any future supplemental Plats or Declarations thereto, in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado. The property described above is an Annual ownership interest as described in the Declaration and such ownership interest has been allocated 300,000 points (as defined in the Declaration of Condominium for Teal Landing Condominium) for use by the Grantee in Each year.
A 77,000/60,310,500 undivided fee simple absolute ownership interest in Units 1211, 1212, 1213, 1214, 1215, 1216, 1221, 1224, 1225 and 1226 in Building 12, as tenants in common with the other undivided interest owners of said building of TEAL LANDING CONDOMINIUM - PHASE TWO - AS BUILT BUILDING 12, as depicted on the Plat recorded as Reception No. 20105650, subject to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20007580, First Amendment to Declaration of Condominium recorded as Reception No. 20009604, Second Amendment to Declaration recorded as Reception No. 20102923, Third Amendment to Declaration recorded as Reception No. 20104161, and First Supplemental Declaration recorded as Reception No. 20105651 and any and all amendments and supplements thereto, in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado. The property described above is an Annual ownership interest as described in the Declaration and such ownership interest has been allocated 77,000 points (as defined in the Declaration of Condominium for Teal Landing Condominium) for use by the Grantee in Each year.
A 105,000/63,185,500 undivided fee simple absolute ownership interest in Units 1311, 1312, 1313, 1314, 1315, 1316, 1321, 1322, 1323, 1325 and 1326 in Building 13, as tenants in common with the other undivided interest owners of said building of TEAL LANDING CONDOMINIUM - PHASE THREE - AS BUILT BUILDING 13, as depicted on the Plat recorded as Reception No. 20106879, subject to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20007580, First Amendment to Declaration of Condominium recorded as Reception No. 20009604, Second Amendment to Declaration recorded as Reception No. 20102923, Third Amendment to Declaration recorded as Reception No. 20104161, First Supplemental Declaration recorded as Reception No. 20105651, Second Supplemental Declaration recorded as Reception No. 20106880, First Amendment to Second Supplemental Declaration recorded as Reception No. 20110747, and any future supplemental Plats or Declarations thereto, in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado. The property described above is an Annual ownership interest as described in the Declaration and such ownership interest has been allocated 105,000 points (as defined in the Declaration of Condominium for Teal Landing Condominium) for use by the Grantee in Each year.
DATED this 20th day of March, 2009.
SHAND, NEWBOLD & CHAPMAN, P.C.
Original signature on file at the office of
Shand, Newbold & Chapman, P.C.
/s/ Keith Newbold
Keith Newbold, Esq., Reg. No. 010629
Attorney for Plaintiff
150 East 9th Street, Suite 400
P.O. Box 2790
Durango, CO 81302
(970) 247-3091
This Summons is issued pursuant to Rule 4(g), Colorado Rules of Civil Procedure.
Published April 2, 9, 16, 23 and 30, 2009 in The Pagosa Springs SUN.
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